M/S Adhishwar Oils & Fales Ltd. vs Union Of India
2022 Latest Caselaw 13971 MP

                                                                    1
                                             IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT JABALPUR
                                                                 BEFORE
                                                   HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                         ON THE 31st OF OCTOBER, 2022

                                                      MISC. APPEAL No. 1885 of 2003

                                        BETWEEN:-
                                        M/S.ADHISHWAR OILS & FATES LIMITED
                                        AMRAVATI ROAD, MULTAI THROUGH THE
                                        MANAGING DIRECTOR, SHRI K.C.JAIN

                                                                                                    .....APPELLANT
                                        (BY SHRI A.L.PATEL, ADVOCATE)

                                        AND
                                        UNION OF INDIA THROUGH THE GENERAL
                                        MANAGER, CENTRAL RAILWAY, MUMBAI (CST)

                                                                                                   .....RESPONDENT
                                        (BY SHRI H.S.RAJPUT, ADVOCATE)

                                      Th is appeal coming on for hearing this day, t h e court passed the
                                following:
                                                                     ORDER

This Miscellenous Appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is filed by the appellant/claimant being aggrieved of

judgment dated 1.11.2002 passed by learned Railway Claims Tribunal, Bhopal Bench, Bhopal in Case No.OA 300/99 rejecting his claim for seeking the benefit of the Train Load Facility in freight on the ground that the appellant/claimant had loaded only 32 BCNs and could not load the remaining 6 BCNs as were necessary for getting the train load benefit in freight charges.

It is submitted by learned counsel for the appellant that due to Lok Sabha Signature Not Verified SAN

Election, all the Trucks were requisitioned by the Civil Authorities and as such Digitally signed by AMIT JAIN

the appellant/claimant could not transport the material for loading 6 additional Date: 2022.11.01 18:55:42 IST

BCNs at the rail-head. The aforesaid aspect has been overlooked by the Railway Claims Tribunal.

Notification No.61 of 1997 issued by the Chief Commercial Manager/General Manager, Central Railways prescribes the conditions for train load classification and the minimum number of wagons per rake, which were required to be fulfilled for seeking any concession. Admittedly, for whatever reasons, the aforesaid condition was not fulfilled and, therefore, the benefit could not be extended to the appellant/claimant. This aspect has been dealt with in Paragraph Nos.16 & 17 of the impugned judgment dated 1.11.2002 passed by learned Railway Claims Tribunal, Bhopal Bench, Bhopal in Case No.OA

300/99. In Paragraph No.17, it is observed that if the appellant/claimant wanted to avail facility of "train load freight" then it was incumbent upon the appellant/claimant to collect/transport adequate material for booking by rail. Admittedly, they have failed to do so and there are no stipulations permitting such claim even in absence of collecting and loading adequate material for transport and not availing the wagons, which were to be sent empty on account of lapse on the part of the appellant/claimant.

When the aforesaid aspects are taken into consideration then I find no illegality in the impugned judgment dated 1.11.2002 passed by learned Railway Claims Tribunal, Bhopal Bench, Bhopal in Case No.OA 300/99 in denying the refund of the concessional freight charges for the failure of the appellant/claimant.

Accordingly, this Miscellenous Appeal fails and is dismissed.

Signature Not Verified Let record of the Railway Claims Tribunal be sent back. SAN

Digitally signed by AMIT JAIN Date: 2022.11.01 18:55:42 IST

(VIVEK AGARWAL) JUDGE amit

Signature Not Verified SAN

Digitally signed by AMIT JAIN Date: 2022.11.01 18:55:42 IST