Page No.# 1/2 vs M/S Megha Technical And Engineers ...
2022 Latest Caselaw 3145 Gua

                                                                      Page No.# 1/2

GAHC010156222021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                  Case No. : MFA/16/2022

             UNION OF INDIA AND ANR.
             REPRESENTED BY THE GENERAL MANAGER, NF RAILWAY, MALIGAON
             ,GUWAHATI 11

             2: THE UNION OF INDIA

             REPRESENTED BY THE GENERAL MANAGER
             EASTERN RAILWAY
             KOLKAT

             VERSUS

             M/S MEGHA TECHNICAL AND ENGINEERS PVT. LTD.
             MAYUR GARDEN 2ND FLOOR, GS ROAD, GUWAHATI 781005



Advocate for the Petitioner   : MRS. UMA CHAKRABORTY

Advocate for the Respondent : MR. K P MAHESWARI

BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

22.08.2022

None appears for the appellants on call. Heard Ms. M Sharma, learned counsel Page No.# 2/2

for the sole respondent.

This is an appeal under Section 23 of the Railway Claim Tribunal Act, 1987 against the judgment dated 30.06.2021 passed by the learned Railway Claims Tribunal, Guwahati Bench allowing refund of punitive charges collected by Railway to the extent of Rs.10,61,250/- along with simple interest @ 6% p.a. from the date of filing claim application till the date of the judgment.

The learned counsel for the respondent submits that the basic ground for challenge by the Railways is that the Railway is entitled to collect punitive charges for overloading of goods. Ms. M Sharma, learned counsel for the sole respondent submits that the issue raised in the present appeal has already been determined by this court in Megha Technical and Engineers Pvt. Ltd Vs Union of India and Ors. decided on 10.08.2017. Therefore, nothing survives to be adjudicated in the present appeal, submits the learned counsel. However, since the learned counsel for the appellant is not present today, a chance is granted to the appellants to argue their case.

In that view of the matter, this matter is adjourned till 1 st week of September, 2022.

List accordingly.

JUDGE

Comparing Assistant