POTEY BROTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) A bunch of 17 appeals, conveniently, with the consent of the learned Counsel of the parties, is disposed of by the common judgment, as the consignments of betel leaves (Mitha Pan) were despatched on 21-4-89 at Howrah, the same were received at its destination i. e. at Nagpur on 25-4-89 and thereby the facts and the legal issues involved are one and the same except the claim differs.

(2.) THE claims claimed by the appellants, allowed and disallowed in each case by the learned Railway Claims Tribunal, Nagpur, are detailed as under: <FRM>JUDGEMENT_497_BCR1_1998Html1.htm</FRM> There being no settlement between the parties, in all the appeals, the appellants/original applicants issued notices under section 78-B of the Indian Railways Act, 1890, and section 80 of the Code of Civil Procedure. In spite of the statutory notices received by the respondent, the claims not being settled, the appellants filed the claims before the Railway Claims Tribunal, Nagpur.

(3.) IN each case, the appellants filed affidavit by way of evidence. The respondent filed only written statement, thereby led no evidence oral or documentary or even by way of affidavit.