1 10 fa.836.02 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 836 OF 2002 Union of India. ... Appellant Versus Steel Authority of India. ... Respondent Mr.A.N.Samant for Appellant. CORAM : A.S.OKA, J. DATE : 24 th February, 2011. P.C. 1 Heard the learned counsel appearing for the Appellant. 2 Taken up for final hearing. 3 The challenge in this appeal is to the judgment and order dated 17 th April, 2002 passed by the Railway Claims Tribunal, Mumbai by which a sum of Rs.13,742.50 was made payable by the Appellant. 4 After having heard the learned counsel appearing for the Appellant, I find that there is no merit in the appeal. The Respondent relied upon shortage/damage certificate issued by the Railways, which clearly shows that there was a short delivery of 2300 kgs of consignment of C.R. sheets. Perusal of the judgment shows that the said certificate 2 10 fa.836.02 was not seriously disputed. The only point which was canvassed was regarding the failure to serve notice under Section 78 B of the Railways Act. This was a case where service of notice under Section 80 of the Code of Civil Procedure, 1908 was proved. 5 In the circumstances, no fault can be found with the view taken by the learned Member of the Tribunal. Accordingly, the appeal is dismissed. [ A.S.OKA, J ]