UNION OF INDIA Vs. DIAMOND CEMENTS NARSINGARH

JUDGEMENT

(1.) BY this order, 7 Letters Patent Appeal Nos. 427/2000, 429/2000, 430/2000, 431/2000, 432/2000, 446/2000 and 447/2000 are being decided, as the question raised in these appeals is common and they have been filed against a common order passed in 7 Misc. Appeals dated 19-8-99 by the Single Bench of this Court.

(2.) SEVEN Review Applications were filed before the Railway Claims Tribunal (hereinafter referred to as the 'tribunal') being Review Application Nos. 22/98, 23/98, 24/98, 25/98, 26/98, 27/98 and 29/98. It appears that before the Tribunal, the review was sought of the orders passed in the aforesaid matters which arose respectively out of O. A. Nos. 398/94, 42/95, 44/95, 45/95, 49/95, 50/95 and 47/95. All those O. As. were decided by the Division Bench of the Tribunal consisting of Shri V. Padmanabha Kedilaya, Member (Judicial) and Shri Brijendra Prasad, Member (Technical ). On the basis of compromise entered into between the parties, order was passed on 9-12-97 deciding all the O. As. in terms of compromise. The Review Applications were filed under Section 18 (3) (f) of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as the '1987 Act') read with Rule 32 of the Railway Claims Tribunal (Procedure) Rules, 1989. The Tribunal has dismissed the Review Applications holding that no substantial ground to maintain the review applications arises.

(3.) THERE was difference of opinion between the two Members as to the dismissal of the review applications on the ground of delay. However, on merits, both the Members of the Tribunal had agreed for the dismissal of the review applications.