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A.C.BORA, S.N.PHUKAN
JOSEPH SEBASTIAN @ S. JOGEPH – Appellant
Versus
UNION OF INDIA – Respondent


Counsel for the Parties :
For the Petitioner:Mr. G. Uzir, Advocate.
For the Opp. Parties :Mr. B.K. Sharma, & Mr. M.K. Choudhury, Advocates.

ORDER

Mr. Justice S.N. Phukan, President — The petitioner herein is an agent of M/s H.H. Ram and he is residing at Guwahati. A consignment of four bundles of handloom products (Sarees) was booked on 11.8.92 under Railway Receipt vide RR No. E 419576 form Madras to Guwahati. The petitioner has alleged that he also travelled by the same train in which the consignment was booked. But the consignment was not delivered. The petitioner enquired from the Railways at Madras. The allegation of the petitioner is that inspite of enquires, the consignment was not delivered. Hence, the present petition.

2. On behalf of the railways, a preliminary point has been taken that the present petition is not maintainable in view of the Railway Claims Tribunal Act, 1987, for short, ‘the Act’.

3. Heard Mr. G. Uzir, learned Counsel for the petitioner and Mr. B. K. Sharma, learned Standing Counsel for the Railways.

4. From the long title of the Act, it appears that the legislature provided for establishment of a Railway Claims Tribunal for enquiring into and determining claims against Railway administration for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to it to be ca













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