JUDGMENT : 1. The petitioners pray for an order of stay against a show cause notice dated 13th August 2016 passed by the respondents and hence the case has been taken up for hearing on the point of stay. 2. By the impugned notice dated 13th August 2016, the petitioner no. 1/company has been asked to pay freight along with penalty for some previous years for carrying iron ore through the Railway. 3. Learned Senior Counsel Mr. Mukherjee submits that the differential freight rate prevailing earlier has been changed by the railway recently, by a Circular dated 9th May 2016 and as such the differential rate, one for the purpose of domestic use and the other for the purpose of export cannot claimed by the Railway after the aforesaid new Circular. Mr. Mukherjee further submits that the issues involved in this writ petition were also involved in the 4. M.A.T. No. 1970 of 2014 decided by a Division Bench of this Court and the judgment and order in the said case has not yet been set aside by the Hon’ble Apex Court and as such the judgment in the aforesaid case has still a binding force, so far as the respondents in this case are concerned. Mr. Mukherjee has further submitted that the impugned notice is against the decision in the aforesaid case and as such it should be immediately stayed. 5. Learned counsel Mr. Chanda appearing for the respondents submits that the impugned notice was issued mainly for the purpose of realization of dues of the respondents and if the petitioners fail to pay the money demanded in the show cause notice, the respondents may file suit in the appropriate forum for its realization and take appropriate steps mentioned in the show cause notice. 6. In view of the decision by a Division Bench of this Court in Case No. M.A.T. No. 1970 of 2014 which is still in force and in view of the submissions of Mr. Chanda, I am satisfied that the petitioners have a strong prima facie case and if the authority issuing the show cause take any coercive measure for non-compliance of the demand in the show-cause notice, then the petitioners would be suffering from irreparable losses. On the other hand, the respondents do not stand to suffer from any such loss if the aforesaid show-cause notice is stayed for the time being. 7.
On the other hand, the respondents do not stand to suffer from any such loss if the aforesaid show-cause notice is stayed for the time being. 7. Accordingly, the operation of the notice dated 13th August 2016 is stayed till 2nd December, 2016 and the respondents are restrained from taking any coercive action against the petitioners till that date, on the basis of the show-cause notice. 8. Be it noted that the order of stay will not preclude the respondents from filing any appropriate suit before the appropriate forum in accordance with law. 9. Respondents are given the liberty to submit their affidavit-in-opposition, if any, within two weeks after the Puja Vacation. Reply thereto, if any, be filed within one week thereafter. 10. Let the matter be listed four weeks after the Puja Vacation.