The High Court of Bombay allowed the appeal partly, holding the liability to lie with the General Manager, Central Railway Zone, and reduced the interest rate to 4% p.a., disposing of the matter based on a prior order.
Liability confirmed to General Manager, Central Railway Zone; interest reduced to 4% p.a.; appeal disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 785 OF 1992
The Union of India............Appellant.
Versus
M/s.Daguji Bhaurao........... ....Respondent.
Mr. A. N. Samant for the Appellant.
Mr. G. J. Mohanrao for the Respondent.
CORAM : ANOOP V. MOHTA, J.
DATED : 6TH DECEMBER, 2005.
P.C. :
Heard learned Counsel for the parties.
2. This is an appeal filed by the General Manager,
Central Railway against the order passed by the Vice
Chairman (Judicial) of Railway Claims Tribunal in
Transferred Application No. 1235 of 1990 whereby the
appellant herein have been ordered to pay Rs.4,139/-
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to the respondent herein with interest at the rate of
12 per cent per annum from the date of the application
till realisation and proportionate costs.
3. All contentions raised by the learned Counsel
appearing for the appellant herein has been considered
and decided in a similar case being First Appeal No.
1136 of 1992 (Union of India v/s M/s.Eknath Khemchand)
decided by the Honourable Shri Justice D. G.
Deshpande by an order passed on 6th May, 2005. Based
on that the present appeal can also be disposed of.
4. In this matter as the issue of limitation was not
raised before the Tribunal, I am not inclined to
permit to raise at this stage in the First Appeal.
5. In view of this and considering the fact and
circumstances of the present case, as it is similarly
situated, and also looking to the small involvement of
monetory claim, the following order is passed:
O R D E R
(a)This appeal is partly allowed. The
liability of payment will be of General
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Manager, Central Railway Zone. The
principal amount awarded shall carry
interest at the rate of 4% p.a. from the
date of the application till deposit. The
amount, that is deposited, if found in
excess after the aforesaid calculation shall
be refunded / returned to the Central
Railway / Appellant.
(b) The respondents shall be at liberty to withdraw the amount as per the calculation.(c) The first appeal is disposed of, accordingly. There shall be no order as to costs.Sd/-
(ANOOP V. MOHTA, J.)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 2807 OF 2002
IN
FIRST APPEAL NO. 785 OF 1992
The Union of India............Appellant.
Versus
M/s.Daguji Bhaurao........... ....Respondent.
Mr. A. N. Samant for the Appellant.
Mr. G. J. Mohanrao for the Respondent.
CORAM : ANOOP V. MOHTA, J.
DATED : 6TH DECEMBER, 2005.
P.C. :
In view of the order passed in the First Appeal,
this Civil Application is disposed of.
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Sd/-
(ANOOP V. MOHTA, J.)
1 issue framed by the court
Whether to permit raising the issue of limitation in the first appeal which was not raised before the Tribunal.
Union of India
M/s. Daguji Bhaurao
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court