UNION OF INDIA Vs. SHREE GOPAL ENTERPRISES

JUDGEMENT

(1.) Heard Mr. U.K. Nair, the learned Senior Counsel, assisted by Mr. A. Chetry, the learned Counsel appearing for the appellant - NF Railway. Also heard Ms. M. Sharma, learned counsel appearing for the respondent.

(2.) This appeal preferred under the provisions of section 23 of the Railway Claims Tribunal Act, 1987 is directed against the judgment and order dated 06.05.2009 passed by the learned Railway Claims Tribunal, Guwhati Bench, Guwahati, in Claim Application No. 456/2001. By the impugned judgment, the appellant was directed to pay the applicant a sum of Rs.60,915/- along with interest at the rate of 7.5% per annum from the date of filing of the claim application till realization. The appellant was also directed to pay the cost of application fees of Rs.1,900/- and Legal Practitioner's fees of Rs.1,550/-. It was ordered that the order would not prejudice the right of the appellant herein to recover the outstanding dues from M/s. Daurala Sugar Works as per law.

(3.) The facts as revealed from the record is that one M/s. Daurala Sugar Works, as the consignor, had booked a train load of sugar at Daurala with destination at Guwahati to itself. The goods were covered by R.R. Nos. 184048 to 184050 and 466051 to 466986 all dated 21/24.11.2000. Freight was collected on wagon load basis instead of train load basis and, as such, a sum of Rs. 60,915/- became refundable by the Railways to the said consignor, i.e. M/s. Daurala Sugar Works.