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PETITIONER: UNION OF INDIA

       Vs.

RESPONDENT: THE LORD KRISHNA SUGAR MILLS

DATE OF JUDGMENT:       08/04/1999

BENCH: S. RAJENDRA BABU., S.N.PHUKAN.

JUDGMENT:

S.N.  PHUKAN.  J

       This appeal is  preferred  by  the  Union  of  India through  the  General  Manager, Northern Railway against the Judgment and Order dated 30th January, 1982  passed  by  the Railway Rates Tribunal, Madras.

       A  complaint was filed under Section 41(l)(c) of the Indian Railways Act, 1890 by the  respondent  regarding  the siding charges levied by the appellant at.  the respondent’s siding  at Saharanpur and fixation of maintenance charges of the siding by the railway.  The tribunal framed as many as 7 issues and after elaborate discusion held  that  the  siding charges  and  maintenance  charges  fixed  by  railway w.e.f 13.03.1980 were unreasonable.  Hence the present appeal.

       We have heard Ms.  Anjani Aiyangiri, learned counsel for the appellant and Mr.  Pradeep  Misra,  learned  counsel for the respondent.

       From  the impugned judgment we find that maintenance charges were fixed at Rs.  4838/- for the period 03.10.80 to 31.03.81 and also for subsequent years.

       At the time of argument it was stated before us that the siding of the respondent was closed  down  in  the  year 1996,   therefore,  these  two  questions  regarding  siding charges and maintenance charges have become academic.    The tribunal  fixed  the  siding charges and maintenance charges not only on the basis of All  ln^ia  cost  incurred  by  the Railway but  on  the  zonal  basis.   The tribunal had given elaborate reasons and had also relied on other decisions  of the tribunal.

       In  view of the fact that the siding was closed down in  the  year  1996,  both   the   questions   have   become infructuous,  therefore,  we  don’t want to interfere in the present appeal leaving the question regarding the method  of calculation of siding and maintenance charges open.

       In   view  of  the  above  observations,  appeal  is disposed of.  The parties to bear their own costs.

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