Dismissed

Ms Associated Cement Companies Ltd. Through Its Logistics Umesh Kumar Tripathy v. The Union Of India Through The General Manager Eastern Railway

Jharkhand HC3 May 2019MA/30/2017

Case brief

AI extract

What is this about?

The High Court of Jharkhand dismissed an appeal filed by M/s Associated Cement Companies Ltd challenging a tribunal order dated 29.09.2016. The tribunal had awarded compensation and interest for non-delivery of wagons to the appellant. The Court found no illegality in the Tribunal's award of 5% interest and held that the order required no interference.

What the court decided

AI extract

Ms Associated Cement Companies Ltd. Through Its… — Service and Employment | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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M.A. No. 30 of 2017

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M/s Associated Cement Companies Ltd, Factory at Sindri Cement Works Sindri, Dhanbad through its Logistics, ACC Ltd, Umesh Kumar Tripathy, residing at ACC colony, Sindri, P.O ACC Colony, P.S.-Sindri, District-Dhanbad (Jharkhand)

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…… Appellant/Applicant Versus

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The Union of India through the General Manager, Eastern Railway, P.O-G.P.O, P.S.Kolkata, 3-Koelaghat Street, Kolkata (West Bengal) …… Respondent

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--------CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --------- For the Appellant : Mr. Krishna Mohan Murari, Advocate For the Respondent : Mr. Gautam Rakesh, Advocate ---------

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07/Dated: 03/05/2019 Per Sanjay Kumar Dwivedi, J

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The present appeal has been filed challenging the legality of the judgment dated 29.09.2016, whereby the tribunal directed to make payment of Rs. 9,46,000/- only to the appellant along with interest at the rate of 5% per annum from 04.02.2005, the date of admission of the claim within 90 days from the date of the judgment and if the amount is not paid within 90 days, thereafter simple interest will be paid at the rate of 7.5% per annum till the date of actual payment.

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Mr. Krishna Mohan Murari, learned counsel for the appellant submits that the appellant is aggrieved only so far as the interest part is concerned. The appellant filed an application for compensation of Rs. 9,17,094 for the non-delivery of 11 wagons out of 15 wagons loaded with Gypsum booked invoice No. 2/2, RR No.010677 dated 13/14.5.1998 from ex-Thaiyat Hamira to ACC siding, Sindri. The goods clerk of the siding issued a certificate dated 20.07.1998 regarding non-delivery of the aforesaid wagons. A notice under Section 78B sent on 21/22.07.1998 was served on the respondent which was acknowledged on 14.08.1998.

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The respondent railway in its written reply has pleaded that an amount of Rs. 18,51,293/- is recoverable from the applicant on account of unconnected wagon. The railway respondent in Ext. R4 has indicated that 11 wagons were not delivered to the applicant as these were derailed on 14.05.1998. It was proposed on 26.04.2004 that a final amount of Rs. 9,46,098 may be settled by the claimant. The respondent has also filed a letter of Assistant Manager (Accounts) Sindri to CCO/Law/E.Rly dated: Nil agreeing to accept Rs. 9,46,000/- towards full and final settlement of the CA No. 379/01

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-2-

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out of RCT (Ext. R5). Before the tribunal it is admitted that the appellant has not received the payment. It is also agreed before the Tribunal that on mutual consent the amount of Rs. 9,46,000/- may be adjusted against the recoverable dues of the appellant, if any. In case if there are no adjustable dues from the applicant, payment is to be made to the applicant. The Tribunal after appreciating the relevant documents and submission of the parties came to the finding that it is a fit case for granting interest at the rate of 5% per annum from 04.02.2005.

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Having, heard learned counsel for the parties and after perusal of the order of the learned Tribunal this Court finds that the tribunal has already awarded the amount of Rs. 9,46,000/- in favour of the appellant along with the interest at the rate of 5% per annum from 04.02.2005 from the date of admission of the claim, within 90 days from the date of judgment and if the amount is not paid within 90 days, thereafter interest will be paid at the rate of 7.5% per annum simple till the date of actual payment.

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The Tribunal has already taken care of the interest, I find that there is no illegality

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in the order which needs no interference by this Court.

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Accordingly, the appeal is hereby dismissed.

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No order as to costs.

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(Sanjay Kumar Dwivedi, J.)

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Satayendra/

Ms Associated Cement Companies Ltd. Through Its Logistics Umesh Kumar Tripathy v. The Union Of India Through The General Manager Eastern Railway

Case brief

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What the court decided

Ms Associated Cement Companies Ltd. Through Its Logistics Umesh Kumar Tripathy v. The Union Of India Through The General Manager Eastern Railway

Case brief

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What the court decided

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