Iunion Of India vs M/S Meghalaya Cement Ltd
2022 Latest Caselaw 4876 Gua

                                                                                         Page No.# 1/2

GAHC010249392022




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

                                  Case No. : .IA.(Civil)/3628/2022
                                       In MFA No. 112/2022

             IUNION OF INDIA
             REPRESENTED BY THE GENERAL MANAGER (CLAIMS) N.F RAILWAY
              MALIGAON
              GUWAHATI

              VERSUS

             M/S MEGHALAYA CEMENT LTD.
             LOHIA HOUSE
             MG ROAD
             FANCY BAZAR
             GUWAHATI 781001
             NOW SHIFTED TO MEGHA PLAZA 4TH FLOOR
             GS ROAD
             GUWAHATI 781005.


             ------------
             Advocate for : MR. K GOGOI
             Advocate for : appearing for M/S MEGHALAYA CEMENT LTD.



                                            BEFORE
                            HON'BLE MRS. JUSTICE MALASRI NANDI
                                              ORDER

09.12.2022 Heard K Gogoi, learned Central Government Counsel who represents the applicant/appellant, i.e., the Union of India.

This is an application filed by the applicant/appellant, praying for stay of the operation of the Page No.# 2/2

impugned Judgment and Order dated 09.09.2022, passed by the learned Member (Technical-I), the Railway Claims Tribunal, Guwahati Bench, in O. A.III. No. 255/2012.

It is submitted by the learned counsel for the applicant/appellant that at the time of delivery of goods the respondent did not raise any objection on receipt of the same, but subsequently, the respondent raised objection and prayed for refund of the amount which was allowed by the RCT.

Issue notice to the sole respondent.

The petitioner shall take steps for service of notice upon the sole respondent, by registered post with A/D as well as by usual process, returnable within 6 (six) weeks.

Steps be taken within a week from today.

Considering the submissions of the learned Central Government Counsel in the backdrop of the case, the operation of the impugned Judgment and Order dated 09.09.2022, passed by the learned Member (Technical-I), RCT, Guwahati Bench, in O.A.III. No. 255/2012, is hereby stayed, till the returnable date.

List the matter accordingly after 6 (six) weeks.

JUDGE

Comparing Assistant