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2008 Supreme(Gau) 401

BROJENDRA PRASAD KATAKEY
Union of India – Appellant
Versus
Harinagar Sugar Mills Limited – Respondent


JUDGMENT

B.P. Katakey, J.

1. The respondent in MFA No. 54/2007 filed an application being Application No. 88/20004 against the Railway Administration for refund of freight over charge amounting to Rs. 3,54,236/- with interest contending that the goods booked vide different railway receipts were not delivered in the destination station but was delivered at a station much before the destination station though they collected the freight up to the destination station as well as the demurrage charged. The respondents in MFA No. 89/2007 approached the learned Tribunal in Application No. 149/2005 claiming compensation for short delivery of the consignment at the destination station as well as challenging the penalty imposed for the excess weight detected in enroute weighment. In both the cases the railway contested the claim. In the reply filed in Application No. 88/04, it has been contended by the railway that as the goods reached the destination station JTTN before effecting the interception/diversion order, such interception order stands automatically cancelled in terms of the Indian Railway Commercial Manual and thereafter, the goods were arranged to be delivered at DMV (diversion stati



















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