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2022 Supreme(Gau) 33

PARTHIVJYOTI SAIKIA
Union Of India Represented By The General Manager – Appellant
Versus
Indian Oil Corporation Assam Oil Division – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.B Sarmahrly. Adv.
For the Respondent: Mr.K.P. Maheswari

JUDGMENT :

Heard Mr. U. Chackborty, learned Senior counsel appearing for the N.F. Railway department. Also heard Ms. M. Sharma, learned counsel for the respondent.

2. This appeal has been filed by the Union of India under Section 23 of the Railway Claims Tribunal Act of 1987, challenging the judgment dated 14.08.2015 passed by the Railway Claims Tribunal, Guwahati Bench in Application No. M.A./48/2014.

3. The respondent filed an original application after a delay 10 days minimum to miximum 17 years for filing claim application. The learned tribunal after accepting the reasons for delay, condone the delay.

4. Thus the appellant felt aggrieved and file the present appeal.

5. The railway claims tribunal constituted under the Railway Claims Tribunal Act of 1987, draws its power under Section 17 of the said statute to condone the delay in filing applications. Section 17 reads as under:-

Limitation.-(1) The Claims Tribunal shall not admit an application for any claim-

    (a) under sub-clause (i) of clause (a) of sub-section (1) of section 13 unless the application is made within three years from the date on which the goods in question were entrusted to the railway administration for carriage by ra

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