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2011 Supreme(Online)(Gau) 11

GAUHATI HIGH COURT
Anima Hazarika, J.
Union of India v. Halasidhanth Sahakari Sakhar Karkhana Ltd. Nipani and Another


Advocates:
For the Appellants/Petitioners: Mr. S. Sarma
For the Respondents: Mr. N. Tripathi, Mr. B. M. Choudhury

1. Invoking power under S.23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as the Act), the Union of India represented by the General Manager, N. F. Railway, Maligaon has preferred the instant appeal questioning the legality and validity of the order dated 6-3-2007 passed in Review Application No. 1 of 2007 whereby the learned Railway Claims Tribunal, Guwahati (hereinafter referred to as the Tribunal ) dismissed the review application holding that the Railway had failed to make out a case for review as provided under R.32 of Railway Claims Tribunal (Procedure) Rules (hereinafter referred to as the Procedure Rules ) thereby affirmed the judgment and order dated 4-12-2006 arising out of OA No. 468 / 2004 directing the N. F. Railway to pay compensation to the tune of Rs. 1,86,20,510/- (Rupees one crore eighty six lakhs twenty thousand five hundred and ten) only (hereinafter referred to as the compensation amount ) with interest @ 7% from the date of filing of OA i.e. 6-12-2004 within 60 (sixty) days failing which the respondent Railways shall be required to pay interest @ 9% from 6-12-2004 along with the cost of Rs. 1,50,000/- inclusive of application fee of Rs. 95










































































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