DHRANGADHRA CHEMICAL WORKS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Admit. Mr. U. M. Shastri, learned Advocate waives service on behalf of the respondent Nos. 1 and 2. Upon the joint request of the parties, the matter is taken up for final hearing today.

(2.) In this appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987, against the judgment and order, dated 1-8-1996, recorded by the Railway Claims Tribunal, Ahmedabad Bench, in Claim Application No. 77 of 1990, the only, short, question which has been raised for our examination and adjudication is as to whether the impugned judgment of the Tribunal, deciding preliminary issue on question of bar of the provisions of Sec. 78B, is justified ? No. 9603 of 1996 against the decision of the Railway Claims Tribunal, Ahmedabad.

(3.) Firstly, it is an admitted fact that the appellant/original applicant before the Tribunal had made a demand and intimation by writing a letter dated 7-5-1987, produced at Annexure A, whereby, the appellant informed the respondents/railway authority about the Coal Supply Movement of November 1986 - Charged by high rate of railway freight - Account Dhrangadhra Chemical Works Limited, Dhrangadhra. The railway charged freight at the enhanced rate which came into effect from 1-12-1986 and the same came to be deposited under protest by the appellant, whereas, the case of the appellant has been that the wagons which were booked had been loaded in November 1986 and, therefore, there was no liability on its part to pay higher freight rate and charging of higher freight rate is unauthorized and illegal and on account of that it has suffered a loss of about Rs. 1,28,000.00. Therefore, after giving notice under Sec. 80, the claim came to be filed before the Tribunal, which came to be dismissed on the aforesaid ground, while deciding the preliminary issue about bar of the provisions of Sec. 78B.