Amit Rail Cargo v. Union of India and Ors

Delhi High Court · 30 Jul 2018 · 2018:DHC:8562
V. Kameswar Rao
W.P.(C) 5953/2017
2018:DHC:8562
administrative other

AI Summary

The court directed issuance of show cause notices and opportunity to reply before forfeiture of security deposits under the Parcel Leasing Policy, emphasizing adherence to natural justice.

Full Text
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$~7 to 10 OF DELHI AT NEW DELHI
TN THE HIGH COURT
W.P.(C) 5953/2017, CM No. 24713/2017
W P (C) 6081/2017, CM'No. 25253/2017
W P (C) 6342/2017, CM No. 26268/2017
W.P.(C) 6360/2017, CM No. 26352/2017
AMIT RAIL CARGO
M/S SAKHIRAI PARCEL SERVICE
M/S CITY LOGISTICS
M/S. R R CARGO SERVICES THROUGH
+
; ITS PROPRIETOR' v/ ....Petitioner
Mr. Ashish Mohan, Mr. Mohit Kumar and Mr. Akshit Mago, Advs.
Through:
VERSUS
un io n of INDIA AND ORS Respondent
Mr. Jagjit Singh, Sr. Standing
Counsel with Mr. Preet Singh & Mr. Narayan Dev Parashar, Advs.
Through: ho ™ MR. JUSTICE V. KAMESWAR RAO
30.07.2018
AU the four petitions involve a common challenge, inasmuch as the cancelling their e-registration
'■J
%
1.
/ challenged the orders have petitioners forfeiture of registration fee of security deposit / blacklisting
/ cancellation of all existing contracts /
/ debarring from fresh registration forfeiture for a period of five years.
2018:DHC:8562
After some arguments'. Mr. Ashish Mohan confine these writ petitions challenge with regard to forfeiture of security deposit of all
He states, the respondents have invoked paras 4.15 and
2. only to a existing contracts
4.25 of the Comprehensive him, on a reading of para 4.15 and para 4.25 does not contemplate
Parcel Leasing Policy of 2014. According to
, the same is not applicable in the facts of this forfeiture of security deposit. It is f case, issued by the respondents to to the extent of his submission that no show cause notice was before passing the impugned orders, even the petitioners forfeiture of security deposit. made by Mr. Ashish
Mr. Jagjit Singh, on noting the submissions
3. confining the writ petitions only to the extent
Mohan that the petitioners
. of forfeiture of security deposit of all existing contracts, submits that the
;e notice to each of the petitioners of security deposit of all existing contracts and call for a are to the
4 respondents shall issue show cause extent of forfeiture reply from the petitioners and pass a final order.
ORDER

4. Having noted the submission made by Mr. Jagiit Singh, these writ to issue show cause disposed of by directing the respondents within four weeks from today to the extent and invite reply petitions notice to each of the petitioners f security deposit of all the existing contracts are of forfeiture o r weeks thereafter and pass reasoned within four from each of the petitioners and speaking order within six thereafter and communicate the still aggrieved by the order as available weeks decision to the petitioners. If the petitioners are to be passed, liberty is with the petitioners to seek such remedy in law. counter affidavit filed in Union of India and ors in Registry shall de-tag the said counter affidavit. 5953/2017. It is noted that the Registry has tagged-the W.P.(C) No. 5953/2017 Amit Rail Cargo vs W.P.(C) No. 6081/2017. The and tag the same in W.P.(C) No rM No. 24713/2017 in W.P.fC) 5953/2011 CM No. 25253/2017 in W.Pi(C) 6081/20^ riu Nn. 26268/^ni[7] in W.P.(C) 6342/2^ Mn in W.P.(Q 6360/2012 5. Dismissed as infructuous.

V. KAMESW^RAO, J