VARDHMAN CHEMICALS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the judgment and order dated 7-8-2001 passed by the Railway Claims Tribunal, Jaipur Bench at Ahmedabad (hereinafter referred to as "the learned Tribunal" for short) in Claim Application No.OC9900101 whereby the learned Tribunal has rejected the claim application filed by the present appellantoriginal applicant.

(2.) Learned advocate for the appellant contended that the circular dated 21-3-1995 issued by Northern Railway, New Delhi, sought to be relied upon by the learned Tribunal is contrary to the Indian Railway Commercial Manual, Volume II, Third Edition (hereinafter referred to as "the Manual" for short) and if para 1718 of the Manual is considered, it is the responsibility of the Railway to take care of the goods. Para 1718 of the Manual Volume II reads as under:

(3.) Heard learned advocates, Mr.Anvesh Vyas for the appellant and Mr.Mukesh Patel for the respondents.