UNION OF INDIA AND ORS Vs. M/S. P.P. ENTERPRISE
HIGH COURT OF GAUHATI
Union Of India And Ors
M/S. P.P. Enterprise
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SUMAN SHYAM,J. -
(1.) Heard Mr. G. Goswami, learned counsel for the appellants. I have also heard Ms. M. Sarma, learned counsel appearing for the sole respondent.
(2.) In this appeal filed by the Railway Department, the judgment and order dated 31-10-2002 passed by the Railway Claims Tribunal, Guwahati Bench, Guwahati, in Application No. 47/1999 has been put under challenge.
(3.) The facts of the case, briefly stated, is that the respondent had booked consignments of goods by the railway train wagon from Wadi Bunder to New Guwahati between 27-05-1998 to 29-05-1998 pertaining to Railway Receipts Nos. 968890 to 968933 issued by the Central Railways in respect of which, freight was charged @ Rs. 123.40/- per Qtls. for the distance of 2714 k.m. The claim of the respondent is that the correct distance between Wadi Bunder to New Guwahati was only 2653 k.m. and therefore, the freight charged by the railways for 2714 k.m. was illegal. The respondent had accordingly approached the Railway Claims Tribunal, Guwahati Bench by filing a claim petition seeking refund of the excess amount charged by the Railways to the tune of Rs. 24,900/- together with interest.;
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