JAYASHREE CHEMICALS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Plaintiff is appellant against dismissal of suit for realisation of amount paid to the defendant.

(2.) PLAINTIFF is a manufacturer of caustic soda. Its products are transported through Railway by tank wagons for which freight is paid at the time of delivery of goods for carriage. Plaintiff was paying amounts as were being charged by the Railway Authorities. While so paying for the consignments, it found that more amount is being charged. Therefore it issued notice to the defendant and filed the suit for recovery of the amount which had been paid in excess alleging that fraud has been committed on the plaintiff. Its case is that freight is to be paid on the weight of carriage. Each tank wagon has stencil mark for carriage which would indicate the average weight a tank wagon is to carry. Freights ought to have been charged on the basis of stencil mark. In spite of it charge was collected for two quintals more in each wagon. This is excess charge which was detected by the plaintiff much later and immediately claim has been made.

(3.) PLAINTIFF examined two witnesses and proved documents marked Exts. 1 to 31. Defendant has examined two witnesses and proved documents marked Exts. A to J. On consideration of these materials, trial Court has dismissed the suit both on merit as well as on the ground of limitation and issue of notice.