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2017 Supreme(SC) 1300

RANJAN GOGOI, R.BANUMATHI
Hindustan Petroleum Corporation Limited – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. K.V. Vishwanathan, Mr. Sanjay Kapur, Ms. Mansi Kapur, Ms. Megha Karnwal
For the Respondent: Mr. A.K. Panda, Mr. N.K. Karhail, Ms. Sushma Verma, Mr. Raj Bahadur, Mrs. Anil Katiyar, Mr. S.N. Terdal, Mr. A.N. Arora

ORDER :

1. Leave granted.

2. The challenge in the present appeals is to the order of the High Court of Punjab and Haryana at Chandigarh dated 31st March, 2016 by which the rejection of the claim of amount paid in excess by the appellant to the respondent – railways between the period 1st April, 2008 to 30th September, 2010 by the Railway Claims Tribunal, Chandigarh has been upheld by the High Court.

3. The core facts that will be required to be noticed are as follows:

The appellant, a public sector organization, had dispatched various petroleum products through Railway Tank Wagons of the respondent from Asaudah Railway Station, District Rohtak, Haryana to Partapur, District Meerut, Uttar Pradesh and to some other destinations located in different parts of the country. The freight was paid by the appellant as per the notified distance i.e. 125 kilometers, so notified by the Chief goods Supervisor, the competent authority at the relevant point of time. The dispatch of the petroleum products continued for a long period between the year 2008 and 2011 and the freight charges were paid according to the distance between the destinations as notified by the competent authority of the respondent









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