H.R. Panwar, J. - (1.) This misc. appeal under section 22 of the Railway Claims Tribunal Act, 1987 (for short 'the Act') is directed against the order dated 11.2.1991 passed by Railway Claims Tribunal, Jaipur Bench (for short 'the Tribunal') whereby the Tribunal allowed the application (suit) filed by the respondent and held that it was entitled to get Rs. 11646/- from the appellants.
(2.) I have heard learned counsel for the parties and perused the order impugned.
(3.) Respondent filed a civil suit in the Court of District Judge, Bikaner claiming a sum of Rs. 30,839/- for short delivery of 39.38 MT coal in the consignment of steam coal weighing 168.4 MT booked from Bachhra to Bikaner vide RR No. 220291 dated 15.7.1983. On constitution of Railway Claims Tribunal, the suit was transferred to the Tribunal. Appellants filed written statement denying short delivery of coal. The Tribunal framed the following issues: "Issue No. 1 - Whether the coal was short delivered due to negligence of the respondent railway administration and the applicant is entitled to get Rs. 19910.85 as cost of short delivered coal Issue No. 2 - Whether the applicant is entitled to get interest @ 12.5% per annum and Rs. 200/- as cost of notice Issue No. 3 - Whether the suit is time barred Issue No. 4 - Whether the suit is not maintainable because the delivery was taken on clear receipt Issue No. 5 - Relief";