Manglam Express Cargo Pvt Ltd vs Union Of India & Ors.
2021 Latest Caselaw 2335 Del

                                      $~34

                                      *IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      %                                     Judgment delivered on: 27.08.2021

                                      +                     W.P.(C) 9174/2021
                                      MANGLAM EXPRESS CARGO PVT LTD                                      ..... Petitioner
                                                                   versus

                                      UNION OF INDIA & ORS.                                           ..... Respondent
                                      Advocates who appeared in this case:
                                      For the Petitioner:           Mr. Chetan Wahi, Advocate.
                                      For the Respondent:           Mr. Jagjit Singh, senior panel counsel for Railways
                                                                    with Mr. Preet Singh, Advocate.

                                      CORAM:-
                                      HON'BLE MR. JUSTICE SANJEEV SACHDEVA

                                                                      JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. The hearing was conducted through video conferencing.

2. Petitioner seeks a direction to the respondents to release the security deposit with respect to Train No. 14212 FSLR 2nd Ex. NDLS to AGC, Train no. 2808 FSLR 2nd Ex. HNZM to VSKP, Train no.-362 RSLR Ex. DLI to AGC & Train no. 2808 FSLR 1st Ex. HNZM to VSKP.

3. Learned counsel for the petitioner submits that the contract has been successfully concluded and the contractual period is over. As per the standard clause, security deposit has to be refunded after three months of the successful expiry of the contractual period.

                                                                                                     Digitally Signed
Signature Not Verified                                                                               By:JUSTICE SANJEEV
Digitally Signed By:KUNAL                                                                            SACHDEVA
MAGGU                                                                                                Signing Date:29.08.2021
Signing Date:29.08.2021 14:07:59                                                                     12:41
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.

4. Issue notice. Notice is accepted by learned counsel appearing for respondent. With the consent of parties petition is taken up for final disposal.

5. There is no dispute that the contract has been successfully completed and contractual period is over. Three months have elapsed from the expiry of the said period.

6. The facts of the present writ petition are identical to the facts of the writ petition being W.P.(C) No.2989/2019 and W.P. (C) 910/2019. Said writ petitions have been allowed by this Court on 17.01.2019.

7. For the same reasons, the present writ petition is also allowed. Respondents are directed to ensure refund of the security deposit for the four trains totaling to Rs.3,27,900/- (i.e. Rs. 46,000/-, Rs. 1,20,040/-, Rs. 41,320/- and Rs. 1,20,540/- respectively) within a period of eight weeks from today. In case, the refund is not made within eight weeks, petitioner shall be entitled to interest @ 10% per annum w.e.f. the date of filing of the present petition.

8. Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email.

SANJEEV SACHDEVA, J.

                                      AUGUST 27, 2021
                                      NA





                                                                                                   Digitally Signed
Signature Not Verified                                                                             By:JUSTICE SANJEEV
Digitally Signed By:KUNAL                                                                          SACHDEVA
MAGGU                                                                                              Signing Date:29.08.2021
Signing Date:29.08.2021 14:07:59                                                                   12:41
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.