UNION OF INDIA Vs. B B ENTERPRISES

JUDGEMENT

(1.) These appeals under Section 23 of the Railways Claims Tribunal Act, 1987 (in short, 1987 Act) are against the orders passed by the Railway Claims Tribunal, Guwahati Bench (in short, RCT) in various Original Applications filed by the respondents claiming compensation for short delivery or non-delivery of the consignment booked through the railways. Since all the appeals pose common questions of law, they are taken up together for hearing and disposal.

(2.) The respondents, alleging short delivery or non-delivery of the goods carried by the railways issued notice under Section 106 of the Railways Act, 1989 (in short, 1989 Act) claiming different amounts and on receipt thereof the railway administration issued cheques for certain amounts claiming to be the full and final settlement of the claims of the respondents with the condition that if the respondents are not satisfied with the amounts given by the said cheques, the same should immediately be returned to it and if the same are retained and encashed, it would be taken as the full and final settlement of the claims of the respondents. The respondents, on receipt of the communications attaching such conditions along with the cheques, raised protest by issuing various communications, which were received by the railways, intimating that the amount in such cheques were taken as part payment and demanding payment of the balance amount. The said cheques were thereafter encashed. Since the balance amounts have not been paid, the respondents filed various Original Applications before the RCT for passing awards together with pendentelite, future interest and cost. The said Original Applications have been decided by the RCT in favour of the respondents and against the appellants. Hence, the present appeals.

(3.) I have heard Mr. U. K. Nair, learned counsel for the appellants as well as Mr. H. P. Barman, learned counsel, appearing on behalf of the respondents.