UNION OF INDIA Vs. ORISSA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The Union of India has filed this appeal under Section 23 of the Railway Claims Tribunal Act, 1987 challenging the order refusing to review the earlier decision of the Railway Claims Tribunal, Bhubaneswar Bench, awarding a sum of Rs. 81,245/-.

(2.) The facts and circumstances giving rise to the present appeal may be noticed in brief. The Orissa State Electricity Board filed Money Suit No. 6 of 1989 on the ground of non-delivery of one tank/wagon containing light diesel oil booked from Visakhapatanam for delivery at Talcher Thermal Power Station Siding, vide R/R 035544, dated 8-6-1986. The suit proceeded ex parte and ultimately an ex parte decree was passed. The present respondents levied execution by filing an application before the Railway Claims Tribunal which was numbered as O.A. No. 203/91. The respondents thereafter instead of pursuing O.A. No. 203/91 filed O.A. No. 91/95 on 16-10-1995 before the Railway Claims Tribunal treating the earlier ex parte decree of the Civil Court as a nullity as by the time the suit was taken up for hearing, Railway Claims Tribunal had already been established.

(3.) The present appellant in written statement, apart from taking other pleas and denying the allegations made, also took the plea that the application was barred by limitation.