INDIAN OIL CORPORATION LTD Vs. UNION OF INDIA
HIGH COURT OF DELHI
INDIAN OIL CORPORATION LTD
UNION OF INDIA
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J.M.Malik, J. -
(1.) 1. Although, the Railway Claims Tribunal vide its order dated 20.10.2003 held that two tank wagons bearing No. WR-42619 and NR-74156 containing 22150 and 22260 litres of furnace oil, respectively, were not delivered at the destination station and the appellant had suffered a loss in the sum of Rs. 2,76,525/-, yet, it proceeded to dismiss the claim of the appellant on the ground that the application had not been signed, verified and filed by a duly authorised person. Again no proper claim notice was served upon the respondent. For these reasons, the compensation petition was dismissed. Aggrieved by that order, the claimant has filed the above said appeal.
(2.) The first objection taken by the counsel for the respondent was that this matter should be referred to High Power Committee.
(3.) I see no merit in this argument because in an authority reported in Steel Authority of India Ltd. v. Life Insurance Corporation of India & Ors., J.T. 1997(6) S.C. 24, it was held that disputes under Public Premises (Eviction of Unauthorised Occupants) Act are petty disputes and are not directed to be dealt with High Power Committee appointed to resolve disputes between public sector undertakings and Govt. of India in the Ministry. It was held that:-
"3. The object of issuing direction in those matters was to decide the fiscal disputes in case of major policy matters to save the public money and court's valuable time, and disputes could amicably be settled between the Public Sector Undertaking and the Government of India or the State Governments. The intention was not to resolve the disputes like eviction of a company or Public Undertaking under Public Premises (Unauthorised Occupants)Act; such petty disputes are not directed to be dealt with by the High level officers whose otherwise duty and time is of very important nature. Under these circumstances, the High Court has not committed any error warranting interference.";
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