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.

00000.00 Less Part payment if any

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

42628.00 Balance still due.”

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

3. During the pendency of the aforesaid suit in this Court, the Parliament enacted the Railways Claims Tribunal Act, 1987. By virtue of section 13 of the said Act, the jurisdiction to decide the matters relating to the responsibility of the railway administration as carriers under Chapter VII of the Railways Act in respect of the claims, compensation for loss, destruction, damages, deterioration or non-delivery of animals or 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 of arrears 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, are made exclusively triable by the Railway Claims Tribunal established under the said Act. Section 13 of the said Act which is relevant for our purpose, would read this:

“13. Jurisdiction, powers and authority of Claims Tribunal.---(a) 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 the Railways Act in respect of claims for-

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

(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 arrears 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.

(2) The provisions of the Railways Act 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.”

4. In view of the aforesaid provisions, all the Claims which were covered by the provisions of the Act of 1987, pending before the different Civil Courts, stood transferred to the Claims Tribunal established under the Act of 1987. In the circumstances, the suit filed by the petitioners on the Original Side of this Court also stood transferred to the Railway Claims Tribunal at Bombay and came to be renumbered as Transferred Case No. ER/9300003. After the records were transferred to the Railway Claims Tribunal, Bombay, the plaint filed before this Court was treated as a claim petition. In the said case, the petitioners filed ap

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