Karnataka High Court
M/S A R P M Logistics (Hyd) Pvt Ltd vs Union Of India on 19 March, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2025:KHC:11766
M.F.A. No.2110/2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.2110/2013 (RCT)
BETWEEN:
M/S A.R.P.M. LOGISTICS (HYD) PVT LTD
HYDERABAD-500 020
ANDHRA PRADESH
REP. BY SRI. M. RAMAKRISHNA RAO
Digitally signed by MANAGING DIRECTOR.
ARSHIFA BAHAR
KHANAM ...APPELLANT
Location: High (BY SRI. M.B. INAMDAR, ADV.,)
Court of karnataka
AND:
UNION OF INDIA
REP. BY THE GENERAL MANAGER
SOUTH CENTRAL RAILWAY
SECUNDARABAD.
...RESPONDENT
(BY SRI. KUMAR M.N. CGSPC)
THIS MFA IS FILED U/S 23 OF RAILWAY CLAIMS
TRIBUNAL ACT, 1987, PRAYING TO CALL FOR THE ENTIRE
RECORDS RELATING TO THE JUDGMENT DATED 30.11.2012
PASSED BY THE RAILWAY CLAIMS TRIBUNAL BANGALORE
BENCH IN O.A.NO.III.2/2019. ALLOW THIS MISCELLANEOUS
FIRST APPEAL BY SETTING ASIDE THE JUDGMENT DATED
30.11.2012 BY RAILWAY CLAIMS TRIBUNAL BANGALORE
BENCH IN O.A.NO.III 2/2019 & ETC.
THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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M.F.A. No.2110/2013
CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
The appellant being aggrieved by the order dated
30.11.2012 passed by the Railway Claims Tribunal,
Bangalore in O.A.No. III 2/2009 has preferred this appeal,
thereby, the application filed by the appellant for refund of
punitive charges is rejected.
2. The appellant is a Company, has transported
molasses by loading molasses to move to the destination.
The loaded station was at Bidar and while moving so,
transportation of the molasses which is the liquid product
by the tank wagon rakes for weighment on Electronic in
Motion Weigh Bridges en route via Kazipet, Vijayawada
and Rajahmundry and found that the appellant has loaded
excess quantity of molasses. Therefore, levied punitive
charges of Rs.1,51,190/- for such excess consignment of
molasses. 60 tank wagons have been booked by the
appellant for transportation of molasses loaded at Bidar
station vide R.R.No. 0690201 dated 06.12.2008 Bidar to
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Budge Budge Station and total charges of Rs.23,53,417/-
was collected. Since no weighment facility was available at
the Bidar station, the weighment was done on Electronic in
Motion Weigh Bridges en route via Kazipet, Vijayawada
and Rajahmundry while moving to Budge Budge station,
and it was found that there was excess of molasses loaded
in the tanker wagons, therefore, collected punitive
charges.
3. The appellant has filed an application before
Railway Claims Tribunal contending that the appellant has
not loaded excess molasses and the weighment on
Electronic in Motion Weigh Bridges is not correct method
of making weighment of the tankers but dip measurement
ought to have been followed, but that was not done.
Therefore, there is no correct measurement of weighing of
tank wagons and prayed for refund of the punitive charges
paid. Since the appellant was construed to de-loaded from
the destination station, therefore, under protest the said
punitive charges were paid. Therefore, he has filed the
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said application for refund of the said punitive charges, but
the same was rejected. Hence, the appellant filed the
present appeal.
4. It is the only contention of the appellant that
since the molasses goods transported is liquid commodity,
hence, dip measurement weighment system is correct
system to make weighment of the tanker, and not
weighment on Electronic in Motion Weigh Bridges en route
to the destination. Since the goods is liquid, there is
fluctuation into the tanker, therefore, it is not possible to
make accurate measurement of weighment. Therefore,
wherever the liquids are transported, dip measurement
was taken place and not weighment on Electronic in
Motion Weigh Bridges en route to the destination station.
Therefore, the weighment made by the respondent is not
correct. Hence, prays to allow the appeal and direction to
refund the punitive charges collected from the appellant.
5. On the other hand, the learned counsel for the
respondent - Union of India submitted that at loaded
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station at Bidar there was no facility for liquid weighment.
Therefore, as it was in practice, the weighment was done
on Electronic Weigh Bridges en route to the destination
and at that time, the dip measurement weighment system
was not in practice and the said came into force only from
09.02.2009. But the appellant has booked and loaded the
molasses tanker on 03.12.2008. Therefore, it is correctly
observed by the Tribunal and accordingly dismissed the
application. Hence, he prays to dismiss the appeal.
6. The only ground urged in the appeal is that the
weighment ought to have been done through dip
measurement weighment system but not weighment on
Electronic in Motion Weigh Bridges. Though learned
counsel for the appellant submitted that even before the
booking of molasses at Bidar, previously there was system
of dip measurement of weighment system to make
weighment of transportation of liquid items, but there is
no circular or statute produced in this regard. It is not
disputed that the appellant had transported molasses by
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tanker wagons through the respondent from the booking
station Bidar to Budge Budge station. The Tribunal
referred Ex.R-3 which is a copy of Commercial Manual
volume No.12/2009 circulated under Commercial Circular
No.41/2009 and opined that the weighment of molasses
and edible oil loaded tank wagons should be run through
dip measurement and this dip measurement system of
molasses and edible oil came into effect from 09.02.2009.
Whereas, the appellant has consigned the molasses and
booked in the month of December 2008 and the tanker
wagons were loaded with molasses on 03.12.2008 (Ex.R4)
is not in dispute. The weighment through dip weighment
system came into force on 09.02.2009 after loading the
tanker by the appellant. But before that there was system
of Electronic in Motion Weigh Bridges measuring
weighment en route to the destination via Kazipet,
Vijayawada and Rajahmundry. Since the appellant has
loaded the tanker wagons with molasses on 03.12.2008,
whereas the weighment by dip measurement system came
into force on 09.02.2009, therefore, it could not be
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applicable when the appellant has loaded the tanker
wagons with molasses, hence, the Tribunal is right in
holding that the weighment done on Electronic in Motion
Weigh Bridges en route via Kazipet, vijayawada and
Rajahmundry is correct.
7. Except these grounds there is no other grounds
canvassed in this appeal. Therefore, for the reasons above
stated, there is no error or perversity found in the findings
of the Railway Claims Tribunal. Therefore, the appeal is
liable to the dismissed. Accordingly, dismissed.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
ABK
