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2021 Supreme(Mad) 530

S.M.SUBRAMANIAM
Union of India, Owning Southern Railway, Rep. by its General Manager, Southern Railway, Park Town, Chennai – Appellant
Versus
Mysore Mercantile Co. , Ltd. , Rep. by its Director / Authorized Signatory, B. N. Choudhary – Respondent


Advocates Appeared:
For the Appellants :M. Vijay Anand, Advocate.
For the Respondents:T. Rajamohan, D. Baskar, Advocates.

JUDGMENT :

Prayer: Civil Miscellaneous Appeal filed under Section 23(1) of the Railway Claim Tribunal Act, against the order dated 14.03.2019 passed in OA (III) / 1 / 2018 by the Railway Claims Tribunal at Chennai.

This Civil Miscellaneous Appeal on hand is preferred against the judgment dated 14.03.2019 passed by the Railway Claims Tribunal, Chennai Bench in OA(III)/1/2018.

2. The appeal is filed by the Union of India owning Southern Railway represented by its General Manager.

3. The facts in nutshell as narrated by the appellants are that the 1st respondent / M/s.Mysore Mercantile Co., Ltd., has filed a Claim Petition under Section 36(b) & (c) before the Railway Claims Tribunal, Chennai, numbered as Complaint No.1/2015, with a prayer to declare that the order passed by the 2nd appellant / Chief Goods Supervisor in proceedings No.KOKG/ICTD/Punitive charges/01/15 dated 13.01.2015 claiming punitive charges of Rs.22,35,310/- relating to the consignment of Maize booked under Invoice No.2, RR No.212000009 dated 11.01.2015 for transportation from Shimoga Town to Inland Container Depot at Chennai Tondairpet is unreasonable and further, sought for a direction, seeking refund of a sum of Rs.11

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