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2026 Supreme(Cal) 44

IN THE HIGH COURT AT CALCUTTA
BISWAROOP CHOWDHURY
Indian Oil Corporation Ltd. – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Amit Kumar Nag, Adv. Mr. Partha Banerjee, Adv.
For the Respondent/UOI (South Eastern Railway): Mr. Pinaki Bhattacharyya, Adv. Mr. Partha Chakraborty, Adv.

Judgment :

Biswaroop Chowdhury, J.

1.The appellant before this Court was an applicant under Section 16 of the Railway Claim Tribunal Act 1989 and is aggrieved by the Judgement and Award dated 21-06-2016 passed by Learned Railway Claims Tribunal, Kolkata Bench in claim Application No. OA(III)/Kol/2013/0034 filed by the applicant/appellant.

2. The case of the applicant/appellant before Learned Tribunal may be summed up thus:

3. One racket of Naptha was loaded and booked EX-HDCB to I.O.C/Bahauli from 17-07-11 to 29.10.11 vide RRs. The local booking authority charged 20/RR surcharge whimsically total amounting to Rs. 8,67,595/-. Inspite of several letters representation and protest by IOCL authority to the Railway authorities against the said erroneous RR Surcharge the Railway authority did not consider IOCL against the illegal deduction of RR and regret the IOCL justified demand. Getting no other alternative to get the refund of illegally deducted 20/RR, Surcharge amounting to Rs. 86,7595/-, the applicant prayed for passing an award of Rs. 8,67,595/- with cost and interest 15% per annum from 17-07-11 till finalization of the case along with application fees Rs. 6805/- and advocate fees et

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