Union of India v. M/S Amba Traders

JUDGMENT & ORDER (CAV)

Heard Mrs. U. Chakraborty, learned Senior Counsel appearing for the Page No.# 2/3 Railways and Ms. M. Sharma, learned counsel appearing for the respondent.

¶2This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987 challenging the judgment dated 13.03.2012 passed by the Railway Claims Tribunal, Guwahati Bench in O.A. 60/2008 (Old), OA-III/GHY/60/2008 (New).

¶3The respondent filed the Original Application before the Tribunal seeking refund of Rs.2,49,882/-, which was earlier charged by the appellant as terminal charges. The respondent submitted that on the basis of a certain notification, the appellant/Railways cannot charge terminal charges in this case.

¶4The Railway Claims Tribunal held that the subject, whether the Railways can claim terminal charges, is sub-judice before this Court. Therefore, the Tribunal refused to interfere into the matter.

¶5Aggrieved by the aforesaid judgment of the Tribunal, the Railways filed this appeal.

¶6I have considered the submissions made by the learned counsel of both sides.

¶7The Tribunal has not passed any judgment against the Railways. The Tribunal simply held that the matter relating to realization of terminal charges by the Railways is pending before this Court and therefore, the Railway Claims Tribunal did not allow the prayer of the respondent for refund of terminal Page No.# 3/3 charges which was claimed by the respondent.

¶8An appeal is a remedial concept determined as an individual's right to seek justice against an unjust decree or order by referring it to a superior Court.

¶9I am of the considered opinion that the appellant has unnecessarily filed this appeal because no adverse order was passed against the Railways.

¶10For the aforesaid reasons, I find that this appeal is devoid of merit and stands dismissed accordingly. Send back the LCR.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010005882012 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MFA/53/2012 UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, N.F. RAILWAY, MALIGAON, GUWAHATI-11, ASSAM. VERSUS M/S AMBA TRADERS CHABOTI, NORTH LAKHIMPUR, ASSAM. Advocate for the Petitioner : SC, NF RLY Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA Date of hearing : 05.06.2024 Date of Judgment : 14.06.2024