JSW STEEL LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The civil miscellaneous appeal has been preferred by the claimant against the dismissal of the petition filed to condone the delay in filing the claim petition before the Railway Claims Tribunal.

(2.) According to the appellant, they booked consignment from Karaikal Port to Macheri Road, Salem, through the respondent Railways on 20.09.2011.

(3.) However, the consignment was not delivered to the appellant. Therefore, the appellant issued notice under Section 106 (1) of the Railways Act, 1989 [hereinafter called as "the Act"]. Since the notice of claim issued under Section 106(1) was neither replied nor there was an investigation by the Railways, the claimant made claim on 31.10.2011 under Section 106(2) of the Railways Act seeking an enquiry. Even after the receipt of the notice of claim under Section 106(2) no enquiry was conducted nor reply was given. Hence, the appellant filed the claim petition before the Railway Claims Tribunal. Since there was a delay in filing the claim petition under Section 17(2) of the Railway Claims Tribunal Act, 1987, the condone delay petition was filed. After enquiry, the said petition was dismissed by the Railway Claims Tribunal. The said order is being challenged before this court.