Associated Cement Company ! Acc Ltd. vs The Union Of India on 13 August, 2012

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Patna High Court - Orders

Associated Cement Company ! Acc Ltd. vs The Union Of India on 13 August, 2012

Bench: Ajay Kumar Tripathi

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Miscellaneous Appeal No.47 of 2012
                 ======================================================
                 1. Associated Cement Company ! Acc Ltd. Through Its Logistic - In -
                 Charge Nitin Gupta, Sales Unit, Samridhi Complex S.P. Verma Road, Patna
                 -1

                                                                    .... ....   Appellant/s
                                              Versus
                 1. The Union Of India, Through The General Manager, East Central
                 Railway, Hazipur

                                                              .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s  : Mr. Krishna Mohan Murari
                 For the Respondent/s  : Mr. Mahesh Prasad.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR
                 TRIPATHI
                 ORAL ORDER

4   13-08-2012

Heard learned counsel for the appellant and learned counsel for the Railways.

Though this Court is in agreement with the findings given by the Railway Claims Tribunal in paragraph 14(i) but this Court does not understand the rationale of the so called formula worked out by the Tribunal in paragraph 15 of the order impugned which is dated 20.10.2011.

The Court had called for the original record to find out as to how the members of the Tribunal had brought inputs with regard to the retail price of the cement at Patna at Rs.260/- and the retailers additional cost of 30% and what is rationale for further reducing the approximate cost of escalation since 24.08.2009 at Patna High Court MA No.47 of 2012 (4) dt.13-08-2012 2 the rate of 15%. Obviously, all these components do not have any scientific basis which has formed the inputs for working out the compensation in favour of the appellant.

The Tribunal had no business to use its personal knowledge in absence of any material having been produced on record on behalf of the Railways in this regard. In absence of inputs on record officially, the formula to work out the notional loss in favour of the petitioner suffers from irrationality.

In view of the same, impugned order passed in Claim case No. OC 00011 of 2010 disposed of on 20.10.2011 is quashed. Matter is remanded back to the Railway Claims Tribunal, Patna Bench to decide the matter afresh on the quantum of compensation after taking due evidence. This appeal stands allowed to the extent indicated above.

Let the original record forwarded to this Court be returned to the Tribunal. Office will take immediate steps in this regard.

(Ajay Kumar Tripathi, J) Amin/-

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Patna High Court - Orders