SHREE GOPAL ENTERPRISES Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. M. Sarma, learned counsel for the appellant in MFA No. 68/2009, MFA No. 67/2009 and MFA No. 69/2009. Also heard Mr. Bimal Sarma, Mr. Brijesh Sarma, Mr. D.K. Dey as well as Ms. R. Barman, learned counsel appearing for the N.F. Railways as well as the appellants in MFA No. 05/2010, MFA No. 06/2010, MFA No. 83/2011 and MFA No. 03/2012.

(2.) The sole issue that arises for decision of this court in this in this batch of appeals is as to whether the consignors, who had booked the railway rakes from the Ugar-Khurd Railway Station (UGR) to New Guwahati Railway Station (NGC), would be entitled to the benefit of "Train Load" rate of tariff notwithstanding the fact that the UGR station had not been formally notified by the Railways as a train load handling station on the date on which the consignments were booked. The learned Railway Claims Tribunal has passed conflicting judgment whereby, in some cases the prayer of the consignor for refund of tariff by applying "Train Load" rate has been allowed whereas in the other cases, such claim had been rejected. Accordingly, the aggrieved consignors have preferred MFA No. 68/2009, MFA No. 67/2009 and MFA No. 69/2009 whereas the Union of India as approached this Court by filing MFA No. 05/2010, MFA No. 06/2010, MFA No. 83/2011 and MFA No. 03/2012 assailing the decision of the learned Tribunal wherein direction for refund has been issued. Since all these appeals raises common question of law and facts, hence, I propose to dispose of these appeals by this common judgment and order.

(3.) For better appreciation of the controversy involved in this batch of appeals, the facts giving rise to MFA No. 68/2009 are briefly stated herein below:-