DCM SHRIRAM CONSOLIDATED LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal has been filed against the order dated 12.10.1992 passed by the Railway Claims Tribunal, Jaipur Bench, Jaipur in O.A. No -1 -290/1991.

(2.) LEARNED Counsel for the plaintiff -appellant has raised only one question with regard to the date from which the interest ought to have been allowed by the Tribunal. The submission of the learned Counsel for the appellant is that the Tribunal has allowed the interest from the date of fling of the application for claim before it i.e., 8.8.191 whereas the interest ought to have been allowed w.e.f. the date of arising of the cause of action which as per the appellant is 13.11.1989. Learned Counsel for the appellant has placed reliance on the unreported decision of this Court dated 26.5.2003 rendered in the case of Union of India through the General Manager, Western Railway, Church Gate, Bombay v. Associate Cos. Ltd. Cement Works at Lakheri.

(3.) I have considered the rival submissions made at the Bar. However, in view of the fact that this Court in the above referred case of Union of India through G.M.W.R. Church Gate, Bombay v. Associate Cos. Ltd. Cement Works at Lakheri, (supra) has taken the view that the claimant would be entitled to get interest w.e.f. the date of arising of the cause of action. I am inclined to adopt the same and hold that the appellant shall be entitled to interest from the date of arising of cause of action.