2A of 1960 and is that these rates and charges are all unreasonable.
8 of 1953 had long before the date of the companyplaint ceased to be in force and that subsequent to the decision of this Court in S.S. Light Railway Co. Ltd. v. Upper Doab Sugar Mills Ltd. 1 a new rate had companye into operation from February 10, 1960, under Local Rate Advice No.
Appeal by special leave from the judgment and order dated August 29, 1961, of the, Railway Rates Tribunal, Madras in Complaint No.
The companyplaint was that these rates had been and were unreasonable.
The Railway Company in their answer to the companyplaint pointed out that the rates imposed by the rate Circular No.
6 and 9A and are in these words Has the Tribunal jurisdiction to entertain or try the present companyplaint regarding reasonableness or otherwise of rates and or charges prior to the institution of this companyplaint, or, at any rate, prior to 27 7 1958.
April 23.
8 of 1953 and also the rates under the number Advice No.
The prayer was allowed.
9 of 1962.
The companyplaint as originally made was against the station to station rates on sugarcane on the Shahdara Delhi Saharanpur Light Railway imposed by the.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1 of 1960.
by their rates Circular No.
The Judgment of the Court was delivered by DAs GUPTA, J. This appeal by special leave arises out of a companyplaint made by the appellant, the Upper Doab Sugar Mills Ltd., Shamli, to the Railway Rates Tribunal.
2A of 1960.
P. C. Chatterjee and S. N. Mukherjee, for the respondents.
8 of 1953 with effect from October 1, 1953.
respondent, the Railway Company.
Veda Vyasa and 1.
Niren De.,
9A. Has this Tribunal jurisdiction to grant a refund.
The companyplaint as it stands after the amendment made on February 3, 1961, is both against the rates imposed under Local Rates Advice 1 1960 2 S.CR.
N. Shroff, for the appellant.
The prayers are I for a declaration that the rates charged under the Local Rates Advice No.
After this the companyplaint prayed for amendment of his companyplaint by adding a companyplaint against this new Advice rate.
2A of 1960 are also unreasonable 3 a direction of refund of the excess companylected or which may be companylected after the date of the amendment of the companyplaint on the basis of rate Advice No.
8 of 1953 and the surcharges were unreasonable from 1 10 1953 to 10 2.1960 2 a declaration that the rates charged from 10 2 1960 under rate Advice No.
2A of 1960 over the reasonable rates that may be fixed by the Tribunal and 4 the fixation of the rates as mentioned in the companyplaint as reasonable rates from various stations to Shamli.
