THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL MISCELLANEOUS APPEAL No.472 of 2000 ORDER: The appellant filed O.A.No.288 of 1993 before the Railway Claims Tribunal, Secunderabad Bench, claiming a sum of Rs.4,340/- towards damages for short supply of cement entrusted to them for transport. The respondent raised an objection as to the maintainability of the O.A. It was pleaded that a notice, as required under Section 106 of the Indian Railways Act (for short ‘the Act’), was not issued, before the O.A. was filed. The Tribunal dismissed the O.A., through its order, dated 13.07.1994, accepting the contention of the respondent. Hence this appeal. Heard the learned counsel for the appellant. None appeared for the respondent. The claim itself is for a very meager amount of Rs.4,340/-. A specific objection was raised by the respondent that the claim was not preceded by a notice under Section 106 of the Act. In the grounds of appeal, it is pleaded that an enquiry in the O.A. is summary in nature, since the claim is meager, and that the Tribunal ought not to have taken hyper-technicalities into account. Even before this Court, the appellant is not able to state, as to how Section 106 of the Act was complied with. This Court is not inclined to interfere with the order under appeal. Accordingly, the Civil Miscellaneous Appeal is dismissed. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY, J 16th September, 2009 CBS HON’BLE SRI JUSTICE L. NARASIMHA REDDY C.M.A.No.472 of 2000 16th September, 2009 CBS