Manglam Express Cargo Pvt Ltd v. Union of India

1. The hearing was conducted through video conferencing.

SANJEEV SACHDEVA, J. (ORAL)

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. 2021:DHC:2655 W.P.(C) 9174/2021

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