Mr.S.N.Murthi & Ors vs Union Of India & Ors
2009 Latest Caselaw 4950 Del

*                 IN THE HIGH COURT OF DELHI AT NEW DELHI

+                           W.P. (C.) No.1883/2008

%                        Date of Decision: 02.12.2009

Mr.S.N.Murthi & Ors                                        .... Petitioners

                         Through Mr.D.K.Garg, Advocate.

                                  Versus

Union of India & Ors                                      .... Respondents

                         Through Ms.Rajdipa Behura, Advocate.
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
HON'BLE MR. JUSTICE VIPIN SANGHI

1.     Whether reporters of Local papers may be               YES
       allowed to see the judgment?
2.     To be referred to the reporter or not?                 NO
3.     Whether the judgment should be reported in             NO
       the Digest?


ANIL KUMAR, J. (ORAL)

*

The petitioners are the commission vendors and the dispute is

about non payment of commission charges for the period 1st March,

2004 upto 28th February, 2005. The learned counsel for the respondent

Railways on instructions states that commission has been paid to some

of the petitioners who are the commission vendors and in case the

commission has not been paid for the period 1st March, 2004 upto 28th

February, 2005, the Railways shall pay the commission in accordance

with rules and regulations and on petitioners making appropriate

applications before the appropriate authorities.

The learned counsel for the petitioners on instructions also gives

up the claim on behalf of the petitioners for interest at the rate of 18%

or any other rate on the commission amount due to them from the

Railways.

In the circumstances, on the basis of the statements of the

learned counsel for the parties, the writ petition is disposed of with a

direction to the Railways to pay the commission to the petitioners, if

already not paid for the period 1st March, 2004 upto 28th February,

2005 in accordance with rules on petitioners making appropriate

applications before the appropriate authorities. The petitioners shall

make the appropriate applications claiming the arrears of commission

from 1st March, 2004 upto 28th February, 2005 within one week. The

amount of commission payable shall be determined and paid to the

petitioners by the respondents within eight weeks.

The writ petition is disposed of in terms hereof. Parties are left to

bear their own cost. All the pending applications are also disposed of.

ANIL KUMAR, J.

DECEMBER 02, 2009                                        VIPIN SANGHI, J.
'k'