NIRANJANLALL AGARWALLA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal by certificate under Article 133 (1) (c) of the Constitution of India from a judgment and decree of the High Court of Calcutta confirming a decree of dismissal of the suit of the appellant herein instituted in the court of the Subordinate Judge, 8th Court at Alipore, District 24 Parganas, West Bengal.

(2.) The only two points canvassed in the appeal to this Court are:(1) whether notices under Section 77 of the Indian Railways Act were properly served on the Railway Administration in this case and (2) whether the suit was barred by limitation

(3.) The relevant facts are as follows:The appellant was entitled to delivery of two lots of goods booked at Sealdah, Calcutta on June 9, 1945 and September 24, 1945 respectively. The goods were for delivery at Cooch Behar. They were to be transported by Bengal and Assam Railway owned by the State and having its Head Office at the relevant time at No. 3 Koilaghat Street, Calcutta. In respect of the first lot, there was a short delivery of 104 umbrellas and a certificate of shortage was issued to the plaintiff on July 20, 1945. The appellant wrote a letter to the Chief Commercial Manager (Claims and Refunds) of the Bengal and Assam Railway at No. 3 Koilaghat Street on August 11, 1945 claiming the value of the goods short delivered i. e. Rs. 1,284 as per bill enclosed and the short delivery certificate issued to him. On November 12, 1945 the plaintiff sent a letter to the Governor-General in Council representing the Bengal and Assam Railway through the Secretary, Government of India, New Delhi giving full particulars of the claim and stating that the Chief Commercial Manager had already been approached for payment. This letter was replied to by the Secretary, Railway Board on November 27, 1945 to the effect that the paintiffs letter had been forwarded for disposal to the General Manager, Bengal and Assam Railway. In respect of the second lot of goods, the plaintiff made a similar claim to the Chief Commercial Manager of Rs. 12,742-7-4 as per the short delivery certificate of October 10, 1945. The plaintiff also wrote a letter to the Governor-General in Council on February 14, 1946 giving full particulars about the two invoices and the railway receipts covering the consignments dispatched on September 24, 1945 and mentioning further that a claim had been preferred on October 24, 1945 enclosing the plaintiff's bill. It was stated expressly in this letter that notice to the Chief Commercial Manager had been given under Section 77 of the Railways Act, It does not appear that this particular claim of the plaintiff was referred to the General Manager, Bengal and Assam Railway by the Secretary to the Railway Board as in the previous case.