S.S.M.QUADRI, R.P.SETHI
Kalpataru Agroforest Enterprises – Appellant
Versus
Union Of India – Respondent
ORDER
Issue notice in SLP (C).....CC Nos. 1911 and 2228/2002. Mr. P.S. Narasimha. Advocate, on behalf of Ms. Anil Katiyar, Advocate, accepts notice for the Union of India.
2. Delay is condoned.
3. Leave is granted in all the SLPs.
4. These five appeals arise out of the orders of the High Court of Madhya Pradesh at Jabalpur passed in different Misc. Appeals on October 30, 2000. The claimant before the Railway Claims Tribunal (for short the Tribunal ) is the appellant.
5. The common question to be considered by us relates to maintainability of a review petition before the Tribunal against an appealable order passed by it.
6. To appreciate the issue involved it would suffice to refer to the facts in appeal arising out of SLP (C) No. 4413/2001. The appellant transported bamboo chips through Indian Railways to different mills in India. It is alleged that higher freight was paid by it to the Railways on the basis of rationalisation of the fares on the ground that transportation would be by a longer route than the direct route. In fact for the transportation of goods a direct shorter route was adopted by the Railways. Accordingly, it made a claim for refund of Rs. 54,123/-, being the excess a
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