Page No.# 1/2 vs M/S S.M. Enterprise
2025 Latest Caselaw 8182 Gua

Gauhati High Court

Page No.# 1/2 vs M/S S.M. Enterprise on 30 October, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                        Page No.# 1/2

GAHC010005952013




                                                                 2025:GAU-AS:14575

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

                                   Case No. : MFA/53/2013

            UNION OF INDIA,
            REPRESENTED BY THE GENERAL MANAGER, N.F. RAILWAY, MALIGAON,
            GUWAHATI-11



            VERSUS

            M/S S.M. ENTERPRISE,
            M.G ROAD, FANCY BAZAR, GUWAHATI 781001, ASSAM.



Advocate for the Petitioner   : MR.D K DEY,

Advocate for the Respondent : MR.A GOYAL, MR. DIVYANSH RATHI,MR.K P MAHESWARI
,MR.A CHOUDHURY,MR.B MAHESHWARI




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

Date : 30.10.2025

1. Heard Mr. D. K. Day, learned counsel for the appellant. Also heard Mr. D. Rathi, learned counsel for the respondent.

2. In this case the Judgment was passed by the Technical Member of Railway Claims Tribunal at Guwahati. According to Section 4 of the Railway Claims Tribunal Act, 1987, the Claims Tribunal has to deliver the Judgment by constituting the Bench Page No.# 2/2

of Technical Member as well as a Judicial Member.

3. Therefore, the impugned Judgment is bad in law and hereby set aside.

4. The case is remanded to the Railway Claims Tribunal, Guwahati for passing its fresh Judgment by constituting a Bench consisted of an Administrative Member and a Judicial Member.

5. The Railway Claims Tribunal shall dispose of the matter within 3 (three) months of receiving this order.

6. With the aforesaid direction, this Miscellaneous First Appeal is disposed of.

JUDGE

Comparing Assistant