DALVEER BHANDARI, TARUN CHATTERJEE
Satna Stone & Lime Co. Ltd. , M. P. etc. – Appellant
Versus
Union of India etc. – Respondent
JUDGMENT
Dalveer Bhandari, J. —
1. These appeals are directed against the judgment of the Division Bench of the High Court of Madhya Pradesh at Jabalpur dated 6.7.1999 delivered in Misc. Appeal No. 1058 of 1995 and Misc. Petition No.1 of 1991.
2. Brief facts relevant to dispose of these appeals are as under:-
The appellant Satna Stone & Lime Company Ltd., Satna entered into an agreement with the General Manager, G.I.P. Railway, Government of India, on 23.3.1897, whereby a siding was provided to the company for clearance of its goods. The agreement was revised from time to time and the last such agreement was executed on 1.10.1942 (hereinafter called “the agreement”).
3. The Railway administration on 24.8.1968 informed the appellants that the maintenance charges would be levied at the rate of 4=% per annum instead of 2=%. The respondent Railway administration raised the bills for the period 1.11.1963 to 31.3.1975. The appellants paid the bill under protest on 22.6.1976. The appellants filed an application under section 20 of the Arbitration Act, 1940. On the request of the appellants, the matter was referred to the Arbitration. The Arbitrator decided the claim in favour of the appel
Union of India v. L.K. Ahuja & Co. (1988)3 SCC 76 – Referred to. (Para 5)
Puri Construction Pvt. Ltd. v. Union of India (1989) 1 SCC 411 – Referred to. (Para 9)
Union of India v. Indian Sugar Mills Association
Bungo Steel Furniture Pvt. Ltd. v. Union of India (1967) 1 SCR 633 – Relied upon. (Para 15)
B.V. Radha Krishna v. Sponge Iron India Ltd. (1997) 4 SCC 693 – Referred to. (Para 8)
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