GUWAHATI, India, March 24 -- Gauhati High Court issued the following order on Feb. 20:

[1] Heard Mr. D. Rathi, the learned counsel for the appellant. Also heard Mr. B. Sharma, the learned Standing Counsel, N.F. Railways.

[2] This appeal under Section 23 of the Railway Claims Tribunal Act, 1987 has been filed by the appellant, Shri Gajendra Raut, impugning the judgment and order dated 14.08.2019, passed in Original Application No. I-42/2013(Old) by the Railway Claims Tribunal, Guwahati Bench, whereby, the claim filed by the present appellant was dismissed.

[3] The facts relevant for consideration of the instant appeal, in brief, are that the appellant had filed an Original Application before the Railway Claims Tribunal, claiming compensation of Rs. 1,12,806/- along with interest for non-delivery of 34 bags of Bonsum Dry, weighing about 1,990 kgs, which was booked under Parcel Way Bill No. 235260, dated 18.04.2013, from Dimapur to Kanpur Central, under Transit Pass No.2937, the consignee had also obtained a certificate, to that extent, for permission of extraction of Dalchini (Cinnamonum), Bonsum Bark, under Liphanyan working scheme areas, under Wokha Forest Division.

[4] When the aforesaid consignment was not delivered to the appellant, he issued a notice under Section 106 of the Railways Act, 1989 to the General Manager, N.F. Railway, Guwahati, as well as to the General Manager, N. C. Railway, stating that the consignment of 34 bags of Dry Bonsum weighing about 1990 kgs were not received by the him at the destination station. However, when no response was received by the appellant to the notice issued by him to the Railway Authority, he approached the Railway Claims Tribunal by filing the aforementioned Original Application claiming compensation of Rs. 1,12,806/- for non-delivery of the consignment booked by the appellant.

[5] The said Original Application was registered as Original Application No. I-42/2013 (Old) and OA (I)/GHY/2013/0033 (New). The present appellant claiming to be the endorsee had also submitted an original copy of affidavit cum letter of authority cum disclaimer certificate dated 29.06.2013 from the original consignee, namely, Shri Jitendra Srivastav along with the Original Application.

[6] The Railways (present appellant) contested the claim of the appellant before the Railways Tribunal by filing a written statement wherein, they challenged the locus standi of the present appellant to file the Original Application. They have also taken the plea of insufficiency of notice under Section 106 as well as defence of Section 93 (d) of the Railways Act, 1989.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62Wj%2BkLdFDAUs5ImiDnBkpiLxjheuENfKFMiXdHiSrrbPj&caseno=MFA/252/2019&cCode=1&cino=GAHC010242292019&state_code=6&appFlag=)

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