UNION OF INDIA Vs. HILL TRADE AGENCIES

JUDGEMENT

(1.) Heard Ms. U. Chakraborty, the learned senior counsel appearing for the Railways/appellant. Also heard Ms. M. Sharma, the learned counsel appearing for the respondent. This is a common Judgment for these two cases.

(2.) The appeals are filed u/s 23 of the Railways Act, 1987, against the judgment dtd. 20/4/2015, passed by the Railways Claims Tribunal at Guwahati In Claim Application No. OA III/GHY/2005/0618(New), (Old No.OA 618/2005) and the judgment dtd. 20/4/2015 passed by the Railways Claims Tribunal at Guwahati in Claim Application No. OA.III/GHY/2005/0629(New), (Old No. OA 0629/05).

(3.) The short question that arises in these two appeals is as to whether sec. 74 of the Railways Act of 1989 debars the consignor to claim excess freight charge, which was paid at the time of booking.