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IN THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Shreeram Chemfood Pvt. Ltd. – Appellant
Versus
Union of India, represented by the General Manager – Respondent
JUDGMENT :
KAUSHIK GOSWAMI, J.
Heard Ms. M. Sharma, learned counsel appearing for the appellant. Also heard Ms. K. Phukan, learned CGC appearing for the respondents Union of India.
2] This appeal is presented under Section 23 of the Railway Claims Tribunal Act, 1987, against the judgment & order dated 12.04.2023 passed in Original Application No. OAIII-25/2016 (Old) by the Railway Claims Tribunal, Guwahati Bench (hereinafter referred to as the “Tribunal”), whereby the claim filed by the appellant/consignor seeking refund of additional freight was rejected.
3] The brief facts of the case are that the appellant/consignor booked 42 BCN wagons for transporting a consignment of iodized salt intended to be transported via railway under the 'train load (class 100)' [hereinafter referred to as the 'train load') scheme by registering under the classification of two-point destination terminals rake, i.e., 21 BCN wagons to Harmoti and 21 BCN wagons to Dekargaon from Chirai (hereinafter referred to as the subject consignment). Accordingly, the appellant/consignor paid all freight money of Rs. 55,08,341/- at the time of booking at Chirai railway station vide Money Receipt No. 542024 dated 30.09.2
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