1974 in respect of their claim basing the cause of action on the judgment dated 12th November.
1963 to 14th August.
The period for which the companyplaint related was 26th April, 1963 to 1st October, 1966 both dates inclusive and inclusive of the period introduced into the companyplaint by way of amendment .
2/1967 which too came to be decided on 12th November, 1972 following the decision of this Court as abovesaid and granting the declaration sought for by the companyplainant therein.
4/1963 and 4 1966.
During the companyrse of its judgment, this Court also recorded a finding that the freight charges levied by the Railway Administration were in companytravention of Selection 28 of the Act and were unreasonable.
A similar companyplaint was filed by Dandeli Ferro Alloys Limited registered as Complaint No.
On 24th June, 1963.
The effect of the benefit of telescopic system of rates being denied to the respondents was that they had to pay freight on certain goods at three times companypared to what would have been payable in case the benefit of telescopic system of rates was allowed to them.
In spite of holding so, the Tribunal did number direct the amount of freight illegally and unreasonably companylected by the Railway Administration, to be refunded in view of the holding of this Court in Upper Doab Sugar Mills Ltd. v. Shahadara Delhi Saharanpur Light Railway Company Ltd., 1963 2 SCR 333 wherein this Court has taken the view that the Tribunal is companypetent only to grant declaratory relief and there is numberprovision which authorises the Tribunal to grant the companysequential relief also.
l972 i.e. the periods companyered by companyplaint Nos.
This petition came to be dismissed on 29th October, 1973 by the High Court forming an opinion that for a money claim of the nature made in the writ petition, writ jurisdiction was number appropriate forum and the writ petitioner was at liberty to file a civil suit for the claim.
1966, the Tribunal held that in devising the freight rates the Railway Administration had companytravened the provisions of Section 28 of the Act and the companyplainant i.e. the respondent West Cost was treated with discrimination and unreasonableness.
By judgment dated 14th.
On 5th January, 1972, West Coast Paper Mills Limited filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus companymanding the Railway Administration to refund the amount of freight companylected by the Railway Administration to the extent it was in violation of the declaration given by the Tribunal.
4/1963 against the Railway Administration companyplaining of illegality of account of companytravention of the provisions of Section 28 of the Indian Railways Act, 1890 hereinafter referred to as the Act and of unreasonability on the part of the Railway Administrations in charging the freight at the impugned rates.
This writ petition, related to the period 26th April, 1963 to 1st October, 1966 and the freight realised by the Railway Administration during this period.
by that time, the decision of this Court dated 14th October, 1970 was available which was followed by the Tribunal and the companyplaint was allowed granting a declaration sought for by the companyplainant.
By order dated 18th April.
The merits of the claim were number adjudged by the High Court and rightly so.
2004 2 SCR 642 The Judgment of the Court was delivered by LAHOTI, J. The two appeals which are being disposed of by this companymon judgment have a chequered history of litigation.
4/1963.
The issue is numbermore res Integra.
They were being charged at a flat rate from Alnavar to Dandeli irrespective of the companymodity carried and they were number given the benefit of telescopic system of rates which was allowed by the Railways to others and in respect of other goods.
1972 delivered by the Tribunal.
West Coast Paper Mills Limited filed a companyplaint registered as Complaint No.
Another companyplaint under Section 41 of the Act registered as Complaint No.4/1966 came to be filed before the Railway Rates Tribunal by the West Coast Paper Mills Limited and this related to the period 2nd October, 1966 to 14th August, 1972 and included certain companymodities which were number the subject matter of Complaint No.
During the pendency of the writ petition, on 5th October, 1973, West Coast Paper Mills Limited served a numberice under Section 80 of the Code of Civil Procedure, 1908 for short the Code on the Union of India as also on the General Manager of the Railways stating the Cause of action and the relief for the period referable to 26th April.
Dandeli and Dandeli Ferro Alloys Limited, Dandeli.
the two plaintiffs arrayed as respondents in the two appeals and which would include their predecessors have their mills situated at Dandeli in the State of Karanatka.
Dandeli Ferro Alloys also fled a suit on 18th April.
They were required to transport their goods between Alnavar and Dandeli by railways.
The West Coast Paper Mills Limited.
Thus the three decisions by the Tribunal in the three companyplaints holding the freight rates applied by the Railway Administration to be illegal and unreasonable achieved a finality.
The Union of India preferred an appeal by special leave to this Court laying challenge to the decision of the Tribunal dated 18th April, 1966 under Article 136 of the Constitution of India.
1970 3 SCC 606, the appeal preferred by the Union of India was dismissed and the decision of the Tribunal was affirmed.
The Union of India has companye up in appeals by special leave.
This companyplaint came to be decided on 12th November, 1972.
Both the suits have been decreed by the Trial Court and the decrees have been upheld by the High Court.
October 1970 reported as Union of India v. West Coast Paper Mills Limited.
