JUDGMENT :

1. Heard Ms. U. Chakraborty, the learned senior counsel appearing for the Railways-appellant. Also heard Ms. M. Sharma, the learned counsel appearing for the respondent. This is a common Judgment for these two cases.

2. The appeals are filed under section 23 of the Railways Act, 1987, against the judgment dated 20.4.2015, passed by the Railways Claims Tribunal at Guwahati in Claim Application No. OA III/GHY/2005/0618(New), (Old No. OA 618/2005) and the judgment dated 20.4.2015 passed by the Railways Claims Tribunal at Guwahati in Claim Application No. OA.III/GHY/2005/0629(New), (Old No. OA 0629/05).’

3. The short question that arises in these two appeals is as to whether section 74 of the Railways Act of 1989 debars the consignor to claim excess freight charge, which was paid at the time of booking.

4. This court in MFA No. 7/2005 has held as under:

“The question of payment of freight charges arises at the stage of initial booking of the consignment by the Railway Wagons and, therefore, it is threshold transaction. At that stage the property does not pass on to the consignee or the endorsee under section 74 of the Act. It is only when the goods are booked and Railway Receipt