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2002 Supreme(SC) 1041

V.N.KHARE, ASHOK BHAN
UNION OF INDIA – Appellant
Versus
ORIENT PAPER AND INDUSTRIES LIMITED – Respondent


ORDER

1. The Union of India has filed this appeal against the order of the Railway Rates Tribunal, Madras. While examining the complaint filed by the respondent, the Tribunal framed the following issues:

"1. Is the complaint not maintainable in law?

2. Is the complaint beyond the competence and jurisdiction of this Tribunal?

3. Is the levy of freight charges in addition to siding charges in respect of haulage of wagons from Brajranager Station to the exchanges point on the siding leading to the complainants' mills, unreasonable?

4. What is the reasonable charge that can be levied for placing complainants' wagons at the exchanges yard?

5. To what relief, are the complainants entitled?"

2. On Issue 1, the Tribunal held that the complaint was maintainable.

Issue 2 was decided against the appellant and it was held that the Tribunal has the competence as well as the jurisdiction to try the issues. On Issue 3, it was held that the levy of freight charges in addition to siding charges was unreasonable. On Issues 4 and 5, it was held as under:

"In view of what has been stated above, the only reasonable charges leviable on such wagons, should the Railways choose to make the placement in the sidin


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