JUDGMENT - A.M. KHANWILKAR, J.:---This writ petition under Article 227 of the Constitution takes exception to the order passed by the Joint Civil Judge, S.D., Solapur dated 3-11-1992 in Special Civil Suit No. 172 of 1991.

2. By the impugned order the Court below has pronounced upon the issue of jurisdiction of the Civil Court to entertain the suit, as filed, notwithstanding the express bar contained in section 15 of the Railway Claims Tribunal Act, 1987.

3. Briefly stated the respondent No. 1 plaintiff instituted a suit against the petitioner/defendant No. 1 and respondents 2 3 defendants 2 and 3 before the Court of Joint Civil Judge, S.D., Solapur being Spl. Civ. Suit No. 172 of 1991 after coming into force of the Railway Claims Tribunal Act, 1987.

4. Before examining the rival contentions it would be appropriate to advert to the relevant provisions of the said Act which reads thus :

"13. Jurisdiction, powers and authority of Claims Tribunal.--(1) The Claims Tribunal shall exercise, on and from the appointed day, all such jurisdiction, powers and authority, as were exercisable immediately before that day by any Civil Court or a Claims Commissioner appointed under the provisions of the Railways Act,-

(a) relating to the responsibility of the railway administrations as carriers under Chapter VII of Railways Act in respect of claims for

(i) compensation for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to a railway administration for carriage by railway;

(ii) compensation payable under section 82-A of the Railways Act or the rules made thereunder; and

(b) in respect of the claims for refund of fares or part thereof or for refund of any freight paid in respect of animals or goods entrusted to a railway administration to be carried by railway.

(1-A) The Claims Tribunal shall also exercise, on and from the date of commencement of the provisions of section 124-A of the Railways Act, 1989, all such jurisdiction, powers and authority as were exercisable immediately before that date by any Civil Court in respect of claims for compensation now payable by the railway administration under section 124-A of the said Act or the rules made thereunder.

(2) The provisions of the Railways Act, 1989 and the rules made thereunder shall, so far as may be, be applicable to the inquiring into or determining, any claims by the Claims Tribunal under this Act.

15. Bar of Jurisdiction.---On an from the appointed day, no Court or other authority shall have or be entitled to exercise any jurisdiction, powers or authority in relation to the matters referred to in sub-section (1) and (1-A) of section 13."

5. On plain reading of section 15 of the Act it would appear that no Court shall have jurisdiction to entertain any proceeding relating to the responsibility of the railway administration as carriers under Chapter VII of Railways Act in respect of claim for compensation for-loss, damage, deterioration or non delivery of goods entrusted to a railway administration for carriage by railways compensation payable under section 82-A of the Railways Act or the rules made thereunder; and in respect of the claims for refund or part thereof or for refund of any freight paid in respect of goods entrusted to railway administration to be carried by Railway. On the other hand such proceedings are amenable to the Claims Tribunal constituted under the Act of 1987, which will have exclusive jurisdiction to adjudicate the said claim. Section 15 of the Act postulates an express bar of jurisdiction against the Civil Court to adjudicate the issues that can be exclusively tried and decided by the Claims Tribunal under the Act of 1987. There can be no doubt that if the dispute or suit, as presented, would indicate that it is essentially a claim against the Railways and involve issues that could be exclusively tried by the Claims Tribunal under the Act of 1987 then such suit would be barred by virtue of provisions under section 15 of the Act. In

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