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1994 Supreme(SC) 780

K.RAMASWAMY, S.C.AGRAWAL
Esskey Roadways (Firm) – Appellant
Versus
Anandhakrishnan Bus Service – Respondent


Advocates:
C.S.VAIDYANATHAN, K.V.VENKATARAMAN, K.V.VISHWANATHAN, N.ANNAPURANI, S.SRINIVASA VARMA

JUDGMENT

1. The appellant along with the contesting respondent had applied for grant of stage carriage permit on the route from Truchirapalli to Jayankon-dam on or before October 10, 1975. Objections have been called for on October 22, 1975 and the last date to file the objection was November 10, 1975. On consideration of the respective claims the R.T.A., Truchirappalli awarded to the appellant 10 marks and 8 marks to the respondent. On that premise RTA granted permit to the appellant. The respondent carried the matter in appeal to the S.T.A.T. Which by its Order dated November 14, 1977 set aside the order of R.T.A. and grated the permit to the respondent. In C.R.P. No. 88/78 by Order dated March 5,1980 the learned Single Judge upheld the Order of S.T.A.T. thus, this appeal by Special leave.

2. The only question that arises for consideration in this appeal is whether the RTA should consider the respective claims as on the date of the consideration or as on the date of the application. The RTA held that the date of application was the relevant date. But the Appellate Authority and the High Court found that the date of the consideration was the relevant date. Admittedly, the respondent







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