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2001 Supreme(Bom) 645

A.M.KHANWILKAR
Jolly Steel Industries Private Ltd – Appellant
Versus
Union of India – Respondent


JUDGMENT- A.M. KHANWILKAR, J.:---This writ petition under Article 227 of the Constitution of India takes exception to the order passed by the Railway Claims Tribunal, Bombay, dated September 5, 1995, in Misc. Application No. 13 of 1994.

2. The petitioners had filed suit on the Original Side of this Court, being Suit No. 1049 of 1974, praying for the reliefs which read thus :

“8. The plaintiffs, therefore, prays:

(a) that the defendants be ordered to pay to the plaintiffs Rs. 42,628.00 p. as mentioned in para 5 above together with future interest on the said amount at the rate of 12% p.m. from the date of the suit till full payments;

(b) that the defendants be ordered to pay to the plaintiffs full costs of the suit;

(c) that the Court may pass such other orders as may deem just and proper.”

Besides the prayer clause, it would be appropriate to advert to para 5 of the plaint, which is referred to in prayer Clause (a), the same reads thus:

“5. The particulars of the claim are as follows:

Rs. P.

33526.00 The Total amount.

9052.00 interest on the total amount at

the rate of 12% p.a from June 1968 till date of suit.

50.00 Notice charges

..................

42628.00 Total amount.

000

















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