Railways appealed the Railway Claims Tribunal's refusal to interfere on refund of terminal charges, which the Tribunal had deferred as sub-judice before the High Court. The court found no adverse order was passed against the Railways and dismissed the appeal as unnecessary and devoid of merit.
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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
JUDGMENT & ORDER (CAV)
Heard Mrs. U. Chakraborty, learned Senior Counsel appearing for the
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Railways and Ms. M. Sharma, learned counsel appearing for the respondent.
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charges which was claimed by the respondent.
justice against an unjust decree or order by referring it to a superior Court.
this appeal because no adverse order was passed against the Railways.
Send back the LCR.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether an appeal lies under Section 23 of the Railway Claims Tribunal Act against a Tribunal order that merely declined to grant a refund while noting the terminal charges issue was sub-judice.
1 provisions across 1 enactments
Union of India, represented by the General Manager, N.F. Railway, Maligaon, Guwahati
M/S Amba Traders Chaboti, North Lakhimpur, Assam
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
