JUDGMENT

K. RAMASWAMY, J. - Special leave granted.

2. The appellant-company manufactures Aluminium metal and its semis. The principal raw material is Bauxite. The appellant has its Bauxite mines at Amarkantak, District Sahdol in Madhya Pradesh. It consigns the ore at Pandra road for carriage to Renukoot siding through the railway route via Katni-Murwara-Singrauli covering South Eastern Railway from Pandra Road to Katni-Murwara, a distance of 217 km; Central Railway Katni-Murwara to Singrauli 407 km and Eastern Railway via Singrauli to Renukoot 90 km; in total 714 km. Later, Katni-Murwara to Balli, a new railway line was laid connecting Singrauli. The Bauxite ore was being carried from Pandra Road via Katni-Murwara-Balli-Singrauli to Renukoot railway siding. The distance though was reduced to 568 km the freight charges for physical distance of 714 km at the rate of Rs. 13.75 per quintal per km was continued to be charged and later was increased to Rs. 16.75 per quintal per km with effect from December 1, 1986, the consequential inflated rate was at 55%. The appellant, therefore, laid the complaint under Section 36(b) of the Railways Act 24 of 1989, for short the Act, seeking :

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