MITTAL ROADWAYS INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition seeks to challenge the order of the Railway Claims Tribunal, Delhi in OC-9500116. whereby the learned Tribunal vide its order dated 8.12.1998 has directed that the applicant/petitioner herein cannot sue the Respondent Nos. 3 to 8 according to Section 13 of the Railway Claims Tribunal Act. Claims application can be filed only in respect of the responsibility of the Railway Administration and that the Respondent Nos. 3 to 8 not being part of the Railway Administration cannot be proceeded with.

(2.) The brief facts of the case, as has been noted by the Railway Claims Tribunal, are as under :

(3.) It is contended by counsel for the petitioners that the Container Corporation of India Limited is a part of the Railways since it finds such a mention in the memorandum of understanding between the Container Corporation of India and Ministry of Railways in paragraphs 4 and 5 thereof. He also contends that the Inland Way Bill has been issued subject to the conditions and liabilities as specified in the Railway Claims Tribunal Act, 1987. Consequently, Respondent Nos. 3 to 8 before the trial court were necessary parties and could not have been stuck off from the array of parties.