UNION OF INDIA Vs. CONTINENTED TRANSPORT AGENCY

JUDGEMENT

(1.) The present First Appeal is filed by the appellantUnion of India under Section 23 of the Railway Claims Tribunal Act being aggrieved with the judgment and order of the Railway Claims Tribunal, Ahmedabad Bench in Claim Application No.OR 9600029 partly allowing the application of the applicantrespondent herein regarding the refund of the amount by the appellantoriginal opponent on the grounds mentioned in the appeal.

(2.) Heard learned advocate, Shri K.M. Parikh for the appellant and learned advocate, Shri Mahesh Shah for the respondent.

(3.) Learned advocate, Shri Parikh submitted that the Railway Claims Tribunal, Ahmedabad Bench ought to have realized that as per the provisions laid down in the freight forwarders scheme, the opponent herein is not liable for any refund. It is contended that it is clear that the amount shall be deposited in advanced freight and it would be subject to the terms and conditions in the agreement. Learned advocate, Shri Parikh strenuously referred to freight forwarders scheme for loading and tried to submit that it is subject to the agreement between the parties and, therefore, the Railway Tribunal has committed an error while appreciating the terms of the agreement. He also pointedly referred to the terms and conditions of the agreement produced to support his contention that the Railway Tribunal has failed to appreciate the terms and conditions prescribed and, therefore, appeal may be allowed. He emphasized that Clauses 31 and 36 provide for the limited scope and liability of the Railway and, therefore, the judgment may not be sustained and appeal may be allowed.