The Union Of India vs Mis Indian Oil Corporation Ltd
2021 Latest Caselaw 3001 Gua

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GAHC010180082015




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : MFA/80/2015

            THE UNION OF INDIA
            REPRESENTED BY THE GENERAL MANAGER, N.F. RAILWAYS,
            MALIGAON, GUWAHATI-11, ASSAM.



            VERSUS

            MIS INDIAN OIL CORPORATION LTD
            ASSAM OIL DIVISION



Advocate for the Petitioner   : MR. G. GOSWAMI

Advocate for the Respondent : MR. A. KUDDUSH




                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                        JUDGMENT

Date : 22-11-2021

Heard Ms. U. Chakraborty, learned counsel for the appellant and Ms. M. Sarma, learned counsel for the respondent.

2. This appeal has been filed under Section 23 of the Railway Claims Page No.# 2/3

Tribunal Act, 1987 challenging the legality and propriety of the judgment and order dated 14.08.2015 passed by the Railway Claims Tribunal, Guwahati Bench in Application No. MA 49 of 2014.

3. The respondent filed the claim petition before the Tribunal and it was filed after a delay of 10 days minimum to maximum 17 years in filing claim application. The Tribunal accepted the grounds shown by the respondents and condoned the delay.

4. On being aggrieved by the decision of the Tribunal, the appellant filed the present appeal.

5. In order to buttress her point, Ms. Chakraborty has relied upon a decision of this Court that was rendered in MFA 62 of 2009. In the aforesaid case, there was a delay of 16 years in filing the claim petition. The Tribunal held that the delay was not properly explained and rejected the prayer for condonation of delay. This court also agreed with the decision of the Tribunal.

6. I have given my anxious consideration to the submissions made b the learned counsel for the parties.

7. Section 17(2) of the Railway Claims Tribunal Act, 1987 empowers the Tribunal to condone delay, if the applicant successfully explains the reasons for not making the application within the stipulated period. Ms. Page No.# 3/3

Sarma has submitted that a huge amount of money is involved in this case and since the respondent is a public sector undertaking, therefore, public money is also in stake.

8. The law on the subject is well settled now. Whenever a party is in the risk of losing property, in that case, a liberal approach should be taken by the court while dealing with a prayer for condonation of delay. It is always advised by the Supreme Court that in such matter, strict technical approach should not be taken.

9. This court finds that the learned Tribunal has relied upon several judgments of the Supreme Court and past judgments of the Railway Claims Tribunal, Guwahati Bench to condone the delay. Thus, this court finds no errors in the decision of the Tribunal. Therefore, the decision of the Tribunal is affirmed.

10. The appeal is found to be devoid of merit and stands dismissed accordingly.

11. Send down the LCR.

JUDGE

Comparing Assistant