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Allahabad High Court

Union Of India Through G.M., North ... vs M/S Indian Oil Corporation Ltd. And ... on 6 January, 2010

Author: Sanjay Misra

Bench: Sanjay Misra

Court No. - 19
Civil Misc. Stay Application No. 1001 of 2010
IN
Case :- FIRST APPEAL FROM ORDER No. - 38 of 2010

Petitioner :- Union Of India Through G.M., North Eastern
Railway
Respondent :- M/S Indian Oil Corporation Ltd. And Another
Petitioner Counsel :- Sharad Ranjan Nigam

Hon'ble Sanjay Misra,J.

Sri Sharad Ranjan Nigam, learned counsel for the appellant has submitted that the HSD was loaded in the wagon not at the siding of the railways nor sealed under its supervision and therefore, in view of Section 94 (1) and (2) of the Railways Act, 1989 no responsibility for loss occurred could be fixed upon the appellant. He states that by the impugned award the liability for loss has been fixed on the appellant, which is illegal.

In view of the aforesaid circumstances, until further orders of this Court, the effect and operation of the impugned award dated 12.10.2009 passed in Original Application No. 1/86/01 GKP shall remain stayed.

Order Date :- 6.1.2010 Lbm/-

Case :- FIRST APPEAL FROM ORDER No. - 38 of 2010 Petitioner :- Union Of India Through G.M., North Eastern Railway Respondent :- M/S Indian Oil Corporation Ltd. And Another Petitioner Counsel :- Sharad Ranjan Nigam Hon'ble Sanjay Misra,J.

Issue notice to the respondents fixing an early date.

Steps be taken within a week.

Order Date :- 6.1.2010 Lbm/-