Union Of India vs Ms Hindustan Goods Carriers Pvt. ...
2023 Latest Caselaw 3019 Gua

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GAHC010171892023




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

                                   Case No. : MFA/62/2023

            UNION OF INDIA
            REPRESENTED BY THE GENERAL MANAGER (CLAIMS) N F RAILWAY
            MALIGAON GUWAHATI 781001



            VERSUS

            MS HINDUSTAN GOODS CARRIERS PVT. LTD.
            529 530 BAGICHI ABUDUL KARIM TELWARA DELHI 6 CORPORATE OFFICE
            KEDER ROAD GUWAHATI 1 ASSAM



Advocate for the Petitioner   : MR. K GOGOI

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

09.08.2023

Heard Shri K. Gogoi, learned counsel for the appellant, who has preferred this appeal under Section 23 of the Railway Claim Tribunal Act, 1987 being aggrieved by a judgment and order dated 28.04.2023 passed by the learned Railway Claims Tribunal, Guwahati Bench in Original Application No. O.A. III/151/2013. By the said judgment, Page No.# 2/2

the learned Tribunal has allowed refund of the punitive charge which was to the tune of Rs.2,89,282/- (Rupees Two Lakh Eighty Nine Thousand Eighty Two only).

Shri Gogoi, the learned counsel has submitted that the approach of the learned Tribunal is erroneous as a wrong provision of law has been invoked.

Admit, call for the records.

Let steps for service of notice upon the respondents be taken by usual process as well as by registered post with A/D.

Steps within 2 (two) days.

List this matter after 6 (six) weeks along with report on service and LCR.

JUDGE

Comparing Assistant