1995 (10) TMI 48

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..... e writ petition). We have heard Sri Sudhir Chandra and Sri Dilip Gupta, learned counsel for the petitioner. None appears for the respondents, although the case was taken up in the revised list. However, we have perused the writ petition and counter affidavit. The petitioner is a U.P. Government undertaking and is engaged in the manufacture of Cement. The petitioner has plants at Churk and Dalla wh .....

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..... petitioner has not produced any evidence or literature of study to show the extent to which the loss can be due to natural causes or [unavoidable] accidents. No doubt, in this very order the respondent-Government of India has held that it is not un-reasonable to believe that some loss occurs in the normal course during transportation by Railway wagons or by trucks. However, the quantum of loss cla .....

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..... ot be any literature on this point. Hence, we set aside the impugned order dated 22-8-1991 and remand the case to the Central Government to re-examine the claim of the petitioner and to decide the same, within three months from the date of certified copy of this order is served upon it by a speaking order in accordance with law, taking into account relevant considerations. 3. In the result the w .....

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