Supreme Court · 1973 INSC 64 · Decided 30 March 1973

Union of India v. M/S. Modi Industries LTD.

Court
Supreme Court of India
Citation
1973 INSC 64 · [1973] 3 S.C.R. 835
Case number
CIVIL APPEAL No. 1616/1967
Decided
30 March 1973
Bench
A.N. GROVER, KUTTYIL KURIEN MATHEW (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 80

Headnote

G H 8311 UNION OF INDIA v. M/S. MODI INDUSTRIES LTD. March 30, 1973 (A, N. G!lOVBll AND K. K, MATHEW, JJ,) /mlian Rai/wC<ys Act, 1890 Ss. 26 and 41-Compku'nt In rtsptct of past&middot; dues cannot be made under s. 41 before Railway Rates Trlbuna!-In &bull;uch cases s. 26 of Act is not a bar to siding at agreed rates. Clause 23 of the agreement laid down that it shall be open to the Railway Administration on giving six months notice of sum. ihtent, to revise the said charges. Clause 24 related to t\?rmination of the agreement in the event of non&shy; paxment of dues within one

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