UNION OF INDIA AND ORS. Vs. M/S. MAHESH ENTERPRISES AND ORS.
LAWS(GAU)-2018-2-173
HIGH COURT OF GAUHATI
Decided on February 23,2018

Union of India and Ors. Appellant
VERSUS
M/S. Mahesh Enterprises And Ors. Respondents

JUDGEMENT

KALYAN RAI SURANA,J. - (1.) Heard Mr. B. Sarmah, the learned standing counsel for the Railways (appellants in MFA 67/14 and MFA 68/14 and respondent in MFA 72/2014). Also heard Mr. A. Goyal, the learned counsel appearing for the respondent (in MFA 67/2014 and MFA 68/2014 and appellant in MFA 72/2014).
(2.) The learned counsel appearing for both sides jointly submit that the facts in all the three appeals are similar and common questions of law would arise for consideration in all the three appeals, as such, they jointly submit that all the appeals be taken up together.
(3.) All these three appeals have been preferred under Section 23 of the Railways Claims Tribunal Act, 1987. a. The challenge in MFA 67/2014 is the judgment and order dated 08.05.2014, passed by the learned Member Railway Claims Tribunal, Guwahati Bench, Guwahati in Claim Application No. OA-III-9/2010 (Old) and Claim Application No. OA-III/GHY/2010/0009 (New) along with following orders, viz., (i) judgment and order dated 01.02.2013, passed by the learned Member (Judicial), (ii) judgment and order dated 01.02.2013, passed by the learned Member (Technical) and (iii) judgment and order dated 28.06.2013, passed by the learned Third Member of the Railway Claims Tribunal, Guwahati Bench, Guwahati. b. The challenge in MFA 68/2014 is the judgment and order dated 08.05.2014, passed by the learned Member Railway Claims Tribunal, Guwahati Bench, Guwahati in Claim Application No. OA-III-34/2009 (Old) and Claim Application No. OAIII/ GHY/2009/00349 (New) along with following orders, viz., (i) judgment and order dated 01.02.2013, passed by the learned Member (Judicial), (ii) judgment and order dated 01.02.2013, passed by the learned Member (Technical) and (iii) judgment and order dated 01.02.2013, passed by the learned Third Member of the Railway Claims Tribunal, Guwahati Bench, Guwahati. c. The challenge in MFA 72/2014 is the judgment and order dated 08.05.2014, passed by the learned Member Railway Claims Tribunal, Guwahati Bench, Guwahati in Original Application No. OA-III-5/2010 along with following orders, viz., (i) judgment and order dated 29.11.2013, passed by the learned Member (Judicial), (ii) judgment and order dated 01.02.2013, passed by the learned Member (Judicial) and (iii) judgment and order dated 01.02.2013, passed by the learned Member (Technical).;


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