Indian Oil Corporation v. Union Of India

236/II

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO-4392-2018 (O&M) Date of decision : 22.11.2022 Indian Oil Corporation Ltd.

...Appellant Vs.

Union of India

...Respondent

CORAM:- HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Mr. Ashish Kapoor, Advocate for the appellant. Mr. Sudhir Nar, Sr.Panel Counsel for respondent-Union of India.

*** MANOJ BAJAJ, J.

CM-14969-CII-2018 and CM-14968-CII-2018 For the reasons mentioned in the applications, the delay of 71 days in filing and 406 days in re-filing the appeal is condoned. CMs stand allowed.

Main case Appellant has filed this appeal to assail the order dated 04.08.2016 passed by the Railway Claims Tribunal, Chandigarh, whereby its claim petition filed under Section 16 Railway Claims Tribunal Act, 1987 seeking refund of excess freight charges, has been dismissed.

Learned counsel for the appellant submits that the claim raised by the appellant has been declined by the Railway Claims Tribunal only for nonfulfillment of the requirement of notice contemplated by Section 106 (2) The Railways Act, 1989 and the other issues were not decided on merits at all. He GEETA RANI 2022.11.22 17:57 I attest to the authenticity and integrity of this document

FAO-4392-2018 (O&M) submits that the similar issue relating to the delay in serving the notice under Section 106 (2) The Railways Act, 1989 stands dealt with by this Court in the connected appeals arising from similar impugned award vide decision dated 08.10.2021 and while condoning the delay, the case was remitted back to the Tribunal for deciding the issues on merits. In this regard, Mr. Kapoor, learned counsel for the appellant has drawn the attention of the Court to the order dated 08.10.2021 passed in FAO No.3398-2017, titled "Indian Oil Corporation Ltd. Vs. Union of India".

At this stage, learned counsel appearing on behalf of the respondent states that indeed the present appeal is squarely covered by the decision of this Court rendered in FAO-3398-2017 and have no objection, if appeal is decided in this similar way by remitting back to the Tribunal for deciding on merits.

After hearing learned counsel for the parties and considering their common stand, the appeal is allowed, the impugned order dated 04.08.2016 is set aside and the case is remanded back before the Railway Claims Tribunal for deciding the claims afresh in accordance with law. The parties are directed to appear before the Tribunal on 30.11.2022 at 10.00 a.m.

(MANOJ BAJAJ) JUDGE 22.11.2022 geeta Whether speaking/reasoned :

Yes No Whether Reportable :

Yes No GEETA RANI 2022.11.22 17:57 I attest to the authenticity and integrity of this document