:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 639 OF 1994 FIRST APPEAL NO. 639 OF 1994 FIRST APPEAL NO. 639 OF 1994 Chintaman Shridhar Tamboli ..Appellant versus Union of India ..Respondents Mr. Piyush Shah for the Appellant. Mr. A. N. Samant for the Respondents. CORAM : D. G. DESHPANDE,J. CORAM : D. G. DESHPANDE,J. CORAM : D. G. DESHPANDE,J. DATE : 1ST FEBRUARY,2005 DATE : 1ST FEBRUARY,2005 DATE : 1ST FEBRUARY,2005 ORAL ORDER : ORAL ORDER : ORAL ORDER : 1. Heard counsel for the Appellant and the Respondents. 2. The claim of the appellant was dismissed by the Tribunal, firstly, for the reason that the appellant failed to prove that the goods i.e. pipes when despatched were in good condition. Secondly, he contended that as per the Judgment of this Court reported in AIR 1969 Bombay 7 (V 56 C 2) Union of AIR 1969 Bombay 7 (V 56 C 2) Union of AIR 1969 Bombay 7 (V 56 C 2) Union of India, owning the South Eastern Rul. Admn. through India, owning the South Eastern Rul. Admn. through India, owning the South Eastern Rul. Admn. through its General Manager & Anr. vs. Radhakisan s/o. its General Manager & Anr. vs. Radhakisan s/o. its General Manager & Anr. vs. Radhakisan s/o. Ramnath Proprietor of Ramakrishna Ramnath & Anr., Ramnath Proprietor of Ramakrishna Ramnath & Anr., Ramnath Proprietor of Ramakrishna Ramnath & Anr., the burden was upon the railway to place all the :2: material on record and the forwarding note was not produced by the Railways. Counsel for the appellant contended that even the railway receipt does not appear to have been produced before the Tribunal. In view of this, he prays for remand of the matter. Prayer appears to be reasonable in the background. Therefore, I pass the following order : ORDER ORDER ORDER . The impugned order is set aside. The matter is remanded back to the Tribunal afresh for decision according to law after giving opportunity to the parties to produce the documents, prove them and to lead evidence. Parties will be at liberty to summon the witnesses. All the issues are kept open. . Tribunal will decide and dispose of the matter within six months from the date of receipt of this order. Parties to appear before the Tribunal on 21.2.2005. . Parties to act on an ordinary copy of this order duly authenticated by the Court Sheristedar. 1.02.2005 (D.G. DESHPANDE, J.)