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2022 Supreme(Gau) 1412

DEVASHIS BARUAH
Union Of India – Appellant
Versus
Manas Salt Iodisation Industries P. Ltd – Respondent


Advocates:
Advocate Appeared:
R.R.Borah, Advocate, U.Chakraborty, Advocate, K.P.Maheswari, Advocate, M.Sharma, Advocate

JUDGMENT :

Devashis Baruah, J.

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

2. This is an appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987 challenging the judgment and order dtd. 30/11/2011 passed by the Railway Claims Tribunal, Guwahati Bench, Guwahati, whereby an amount of Rs.6, 72, 720.00 along with Rs.7, 402.00 and Rs.2, 000.00 was awarded in favour of the claimant/ the respondent herein and there was a further direction to the Respondent Railways to pay the decreetal amount to the Applicant within 2 months from the date of the order failing which the amount shall carry simple interest @12% per annum till realization.

3. For the purpose of convenience the parties herein are referred to in the same status as they stood before the Railways claims Tribunal. It is the case of the claimant that there was a short delivery of 6046 Bags of salt out of a consignment containing 58, 170 Bags booked in safe, sound and secured condition from Halvad (HVD) to DIKOM under Invoice/R.R.Nos.01/212002762 and 02/212002763 dtd. 16/5/2010 and the said consignment

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