M/S Jiwan Trading Co vs The Union Of India And Anr
2023 Latest Caselaw 1936 Gua

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GAHC010084532021




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

          MFA/158/2021

         M/S JIWAN TRADING CO.
         28-B
          BARUAH MARKET
          FANCY BAZAR
          GUWAHATI-781001
         ASSAM


          VERSUS

         THE UNION OF INDIA AND ANR.
         REP. BY THE GENERAL MANAGER
         N.F. RAILWAY
         MALIGAON
         GUWAHATI
         ASSAM-781011.

         2:THE UNION OF INDIA
         REP. BY THE GENERAL MANAGER
         WESTERN RAILWAY
          CHURCH GATE
          MUMBAI-400020.
          ------------

Advocate for : MR. K P MAHESWARI Advocate for : SC NF RLY appearing for THE UNION OF INDIA AND ANR.

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PRESENT THE HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

For the Appellant : Ms. M. Sarma, Advocate.

For the Respondents : Mr. H.P. Goala, Advocate.

              Date of Hearing       :       28.11.2022.
               Date of Judgment         :     12.05.2023.

                      JUDGMENT AND ORDER (CAV)

Heard Ms. M. Sarma, learned counsel representing the appellant as well as Mr. H.P. Goala, learned counsel appearing for the respondents.

2. This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987 against the judgment and order dated 31.03.2021 passed in Original Application No.OA III-032/2014 by the Railway Claims Tribunal, Guwahati Bench.

3. Twenty-five refund claims were clubbed together for passing the judgment. The issues framed are-

i. Terminal charge is not leviable either because of bagged consignment or originating/terminating stations are not statutorily defined as terminals or Railway Board Circular RC 92 dated 18.09.2007 is confined only to enhancement of rates of Terminal charges or staking permission has been given in some of them.

ii. The wrong calculation of Net Tariff Rate and freight Page No.# 3/3

concession.

4. I have gone through the impugned judgment.

5. I am constrained to hold that writing of a judgment by a judicial authority is different from writing an essay on any particular subject. When issues are framed, those issues are to be decided. In the case in hand, the Tribunal did not do so. Therefore, the impugned judgment is bad in law and is set aside.

6. The case is remanded to the Tribunal for framing fresh issues and to pass a judgment on those issues.

Send back the LCR.

JUDGE

Comparing Assistant