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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Union of India, Rep. by the General Manager North East Frontier Railway – Appellant
Versus
Numaligarh Refinery Ltd. – Respondent
| Table of Content |
|---|
| 1. background of the claim, procedural history, and framing of issues before the tribunal. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. limitation for filing appeals against interlocutory orders. (Para 7 , 8) |
| 3. applicability of section 106(3) of the railways act regarding notice for refund of overcharges vs illegal charges. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. distinction between 'overcharges' and 'illegal charges' regarding statutory notice requirements. (Para 17 , 18 , 19 , 21) |
| 5. evidentiary value of railway certificates and liability for siding charges. (Para 20 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 6. discretionary powers of the tribunal in awarding interest on claims. (Para 29 , 30 , 31) |
| 7. final dismissal of appeals and cross-appeals. (Para 32 , 33 , 34) |
JUDGMENT :
SANJEEV KUMAR SHARMA, J.
1. Heard Mrs. Uma Chakraborty, learned Special Railway counsel assisted by Ms. M. Chattarjee, appearing for the appellant (in MFA 142/2019) and Respondent (in MFA 82/2019), hereinafter ‘Railways’. Also heard Ms. M Sharma, learned counsel for the appellant (in MFA 82/2019) and respondents (in MFA 142/2019), hereinafter ‘NRL’.
2. These two appeals, MFA 142/2019 filed by the Union of India
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