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2025 Supreme(Gau) 297

ROBIN PHUKAN
Kundanmal Chaudhary – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Ms. M. Sharma Advocate
For the Respondents:Mr. B. Chakravarty, CGC Advocate

JUDGMENT :

ROBIN PHUKAN , J.

Heard Ms. M. Sharma, learned counsel for the appellant and also Mr. B. Chakravarty, learned CGC, appearing for the respondents.

2. This appeal, under Section 23 of the Railway Claims Tribunal Act, 1987, is directed against the common judgment and order dated 21.07.2023, passed in Original Application No.OAIII-148/2013 by the Railway Claims Tribunal, Guwahati Bench. It is to be noted here that vide impugned judgment and order dated 21.07.2023, the Railway Claims Tribunal, Guwahati Bench, has repudiated the claim of the appellant to direct the respondents to return a sum of Rs.8,34,363/- along with interest @12% per annum from the date of payment of overcharges and also other cost.

3. The background facts leading to filing of the present appeal, is briefly stated as under:-

    “The present appellant, being the consignee, had booked a consignment of 49892 packets of sugar, comprising of 50 Kg each, was booked by the consignee and loaded the same in railway wagons from regular goods shed GULBARGA/Goods for destination New Guwahati goods shed paying all consideration amount as well as railway freight charges. The r


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