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2000 Supreme(MP) 997

S.C.PANDEY
Kalpataru Agroforest Enterprises – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Shri A. Adhikari, Adv.
For Respondents/Defendant: Shri M.N. Banerjee, Adv.

ORDER

S.C. Pandey, J.

1. This appeal under Section 23 of Railway Claims Tribunal Act, 1987 is directed against the order dated 27-10-98, passed by Railway Claims Tribunal, Bench Bhopal, in Review Case No. 18/98, whereby the review application filed by the appellant against the order dated 10-12-97 was rejected.

2. This appeal involves common question of facts and law with connected Misc. Appeal Nos. 161/99, 163/99, 164/99, 166/99 and 167/99 between the same parties. For this reason the disposal of this appeal on merits shall govern the disposal of those appeals and it would be unnecessary to write a separate detailed order in each case.

3. The facts giving rise to this appeal may be shortly stated. The appellant filed a claim case before the Railway Claims Tribunal, Bhopal, registered as O.A. No. 391 of 1995 for refund of Rs. 55,450/-. The appellant claimed that the South Eastern Railway and the North Eastern Frontier Railway represented by the Union of India were not entitled to charge in excess the aforesaid amount by way of freight because the goods loaded by the appellant were carried by shorter route for which the freight charge would be less by aforesaid amount. It is alleged in





















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