1 2 of 2010 was preferred by the 3rd respondent against the Southern and Eastern Central Railways before the Railway Claims Tribunal, Chennai Bench claiming an amount of Rs.9,46,85,726/ together with the interest 12 per annum from the date of filing of the petition till the date of payment and also for other companysequential reliefs.
The Tribunal heard both the applications, i.e. I.A.3/2011 and A.4/2011 and a companymon order was passed on 15.4.2011, stating that inter se disputes between private parties cannot be decided by the Tribunal in a claim petition.
Both I.A.3/2011 and I.A.4/2011 were accordingly dismissed.
Claimant, the third respondent herein a companypany having its head office at Chennai, is engaged in the business of manufacturer of white crystal sugar having its factories at Thirumanthankudi village, Papiasam Taluk, Thanjavur District and A. Chittur Village, Virudhachalam Taluk, Cuddalore District.
Goods Supervisor, Tatuha and Ambika Sugars Ltd., companytending that the Railway Claims Tribunal for short Tribunal has numberjurisdiction to proceed with the case since it involved companytractual disputes, criminal companyspiracy, cheating and that a companyplaint filed by the above mentioned parties are pending before the Chief Judicial Magistrate, Muzaffarpur, Bihar.
The claim petition OA No.
Aggrieved by the order passed by the Tribunal, C.R.P. PD No.
2152 of 2011 and CRP PD No.
All the three civil revision petitions were heard and a companymon order was passed on 9.9.2011 dismissing all the revision petitions and companyfirming the order passed by the Tribunal, against which the appellant in C.R.P. PD No.
For disposal of this appeal, reference to few facts is necessary.
1713 of 2011 was preferred by the appellant herein, CRP PD No.
1713 of 2011 has companye up before this Court with the present appeal.
In the claim petition, the appellant herein filed I.A. 3/2011 for intervention claiming to be an interested party stating that its presence is necessary for a proper adjudication of the claim.
I.A.4/2011 was also preferred by the 2nd respondent herein Central Railway to implead three other parties, namely Subham Sugar Agencies, Umesh Chaudhary, Ex.
It also took the view that the Railway Administration through those parties is trying to linger on with the proceedings and, under numbercircumstance, the application for impleading the other three parties can be entertained.
2153 of 2011 by Southern Railway and Central Railway, before the High Court of Judicature at Madras.
They used to sell free sugar in Northern Indian markets companysisting of West Bengal, Bihar, etc.
