JUDGEMENT
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(1.) These appeals are directed against the judgment of the
Division Bench of the High Court of Madhya Pradesh at
Jabalpur dated 6.7.1999 delivered in Misc. Appeal No. 1058 of
1995 and Misc. Petition No.1 of 1991.
(2.) Brief facts relevant to dispose of these appeals are as
under:-
The appellant Satna Stone & Lime Company Ltd., Satna
entered into an agreement with the General Manager, G.I.P.
Railway, Government of India, on 23.3.1897, whereby a siding
was provided to the company for clearance of its goods. The
agreement was revised from time to time and the last such
agreement was executed on 1.10.1942 (hereinafter called "the
agreement").
(3.) The Railway administration on 24.8.1968 informed the
appellants that the maintenance charges would be levied at
the rate of 4=% per annum instead of 2=%. The respondent
Railway administration raised the bills for the period
1.11.1963 to 31.3.1975. The appellants paid the bill under
protest on 22.6.1976. The appellants filed an application
under section 20 of the Arbitration Act, 1940. On the request
of the appellants, the matter was referred to the Arbitration.
The Arbitrator decided the claim in favour of the appellants.
The objections raised by the Railways under section 30 of the
Arbitration Act, 1940 were rejected by the learned District
Judge and the award was made the rule of the court.;
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