P. C. NAIK, J.

( 1 ) THIS is an appeal under S. 23 (1) of the Railway Claims Tribunal Act, 1987 filed by the Union of India and others against the judgment dated 18-1-1993 passed by the Railway Claims Tribunal, Bhubaneswar, in T. A. No. 289 of 1990

( 2 ) PLAINTIFF-RESPONDENT had filed Money Suit No. 115 of 1989 in the Court of the Subordinate Judge, Rourkela against the Union of India and others for refund of Rs. 1,32,87,749/-, which, according to the plaintiff, had been illegally realised from it by the Railway Administration.

( 3 ) THE facts giving rise to this appeal are that the plaintiff require imported coal for the Rourkela Steel Plant. The coal was unloaded at Visakhapatnam Port wherefrom it was required to be transported to Rourkela Steel Plant Exchange Yard at Bondamunda whew the wagons are placed for the purpose of unloading.

( 4 ) IT is the plaintiffs case that the shortest available route from Visakhapatnam to Rourkela is via Viajaynagaram-Titlagarhsambalpur-Jharsuguda-Rourkela covering a distance of 667 kilometres. The alternative, but longer and dearer route is via Vijaynagaram-Khurda Road-Kharagpur-Tatanagar-Chakradharpur-Rourkela covering a total distance of 1082