( 1 ) THIS appeal is filed by the Karnataka State Small Industries development Corporation Limited, which was the plaintiff in the Trial court against the judgment and decree dismissing its suit filed for recovery of Rs. 2,22,552-92/- together with interest at 18. 35% from the defendants.

( 2 ) THE plaintiff indented with 3rd defendant, Steel Authority of India for supply of 55. 50 metric tonnes of Cold Rolled Plates through transportation of defendants 1 and 2 Railways from Bokaro to Bangalore city. The goods had been loaded to Wagon No. CR 008 6454 under receipt No. 377065 on 16-3-1979. The value of the goods loaded was Rs. 1,27,297. 32 and freight charges was Rs. 14,814/- totalling to Rs. 1,42,111. 32. But, the goods were not delivered at the destination. Therefore, plaintiff made claim under Section 78 of Indian Railways Act, 1890. Since the claim was not settled, suit was filed in the Civil Court but the same was transferred to the Railway Claims Tribunal. However, the Tribunal has erroneously re-transferred the same to the Civil Court though it has got jurisdiction to determine the claim of the plaintiff under Section 13 of the Act. During the pendency of