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2022 Supreme(Gau) 520

DEVASHIS BARUAH
Union of India, Represented by the General Manager – Appellant
Versus
Motilal and Gouri Food Storage Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner: SC, NF Rly.
For the Respondent: Mr. B. Maheshwari.

JUDGMENT :

1. Heard Mrs. U. Chakraborty, the learned Special Senior counsel appointed by the Railways and Ms. M. Sharma, the learned counsel appearing on behalf of the Respondent.

2. This is an appeal under Section 23 of the Railway Claim Tribunal Act, 1987 challenging the order dated 13.09.2011 passed by the Railway Claims Tribunal at Guwahati Bench, Guwahati in Claim Application No. OA.I-15/2009 (Old), OA-I/GHY/2009/0015 (New) thereby allowing the claim of the Respondent/Applicant to the tune of Rs.5,39,398/- along with interest @ 6% per annum from the date of the order. Further to that it was also ordered that the Appellant shall make the payment within 90 days from the date of the said order failing which the amount shall carry interest @ 12% per annum till realization. The Railway Claims Tribunal further directed the Appellant herein to pay proportionate cost of the Application Fee of Rs.5163/- and Legal Practitioner’s Fee of Rs.3000/-.

3. The facts of the instant case in brief is that the Respondent herein as applicant booked a consignment on 25.08.2006 from CGS (Changsari)

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