JUDGMENT

P. B. GAJENDRAGADKAR, J. : This is an appeal by special leave against the order passed by the Railway Rates Tribunal, hereinafter called the tribunal, at Madras dismissing the appellant s complaint under S. 41 of the Indian Railways Act (9 of 1890), to be described hereinafter as the Act. The appellant, Raigarh Jute Mills Ltd., is a limited company owning jute mills which are situated in Raigarh in Madhya Pradesh. For the production of jute goods, the appellant has to bring raw material, viz., jute from many railway booking stations outside the State of Madhya Pradesh and there is no other means of transport except by rail both for bringing jute to the mills and for carrying the finished products to ports for export to foreign countries. In its complaint, the appellant has alleged that the railway administration had contravened the provisions of S. 28 of the Act and also that the charges levied by the railway administration for the freight of the appellant s goods were unreasonable and excessive. According to the appellant, the Assam Railway (now North-Eastern Railway) offered special rates for jute from certain stations in its zone to Kanpur and the basis of these rates wa