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/31/2017

Case brief

AI extract

What is this about?

The High Court of Jharkhand dismissed an appeal against a Tribunal's order awarding compensation and specific interest rates for the non-delivery of gypsum-wagons to the appellant by the respondent railway.

What did the court decide?

The appeal against the grant of compensation and interest by the Tribunal was dismissed.

What the court decided

Ms Associated Cement Companies Ltd… — Contract and Commercial Disputes | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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M.A. No. 31 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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…… Applicant/Appellant

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Versus 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 Respondent --------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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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 Respondent

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09/Dated: 03/05/2019

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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 the payment of Rs. 1,57,700/- only to the appellant along with interest at the rate of 5% per annum from 23.04.2009, 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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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.1,56,930/- for non delivery of 4 wagons out of 15 wagons loaded with Gypsum booked invoice No. 4/3, RR No.940846 dated 24.03.1997 from ex-Thaiyat Hamira to ACC siding, Sindri. The goods clerk of the siding issued a certificate dated 31.07.1997 regarding the non-delivery of the aforesaid wagons. A notice under Section 78B sent on 06.08.1997 was served on the respondent which was acknowledged on 13.08.1997.

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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. R1 has indicated that 2 wagons were not delivered to the applicant. It was proposed on 04.07.2008 that a final amount of Rs. 1,56,930/- may be settled by the claimant. The respondent has also filed a letter of Assistant Manager (Accounts) Sindri to CCO/Law/E.Rly agreeing to accept Rs. 1,57,700/- towards full and final settlement of the CA No. 94/00 out of RCT (Ext. R2). Before the tribunal

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-2-

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it is admitted case of the parties that the appellant has not received the payment. It is also agreed before the Tribunal that on mutual consent the amount of Rs. 1,57,700/may be adjusted against the recoverable dues of the appellant, if any. The Tribunal after appreciating the relevant documents and submissions of the parties came to the finding that it is a fit case for granting interest at the rate of 5% per annum from 23.04.2009.

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Having, heard learned counsel for the parties and perusing the order of the learned Tribunal this court finds that the tribunal has already awarded the amount of Rs. 1,57,700/- in favour of the appellant along with the interest at the rate of 5% per annum from 23.04.2009 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 of the appellant, I find that there is no illegality 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

What is this about?

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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

What is this about?

What did the court decide?

What the court decided

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