Case: Shree Shyam Agency Vs. Union Of India

“self”,Such person shall, deposit an amount equivalent to the cost of consignment by way of security apart from freight and other charges before taking delivery of such consignment.(2) If any amount has been deposited by way of security under clause (b) of sub-rule (1), such amount shall be refunded by the railway administration on production of the original railway receipt within six months from the date of taking such delivery.(3) In the absence of original railway receipt refund may be granted on execution of an Indemnity Note in Form I or I-A and I-B, as the case may be, provided the invoice copy of the railway receipt is available and the particulars of consignment can be connected with reference to the invoice copy, within six months from the date of taking delivery.” 16. Form I under Rule 3(1) of the 1990 Rules deals with the “Indemnity Note” that when the consignment is to be delivered to the ‘person’, not to ‘self’. If it is to a ‘person’ then he has to furnish an indemnity note signed by the ‘consignee’. Sub-rule (2) of Rule 3 specifically states that, when the railway receipt is not forthcoming and the consignment is addressed to “Self”, delivery shall not be made unless Indemnity Note, duly executed in Forms I-A and I-B are produced by the persons claiming delivery of the consignment. The relevant portion of Form I-A and I-B are extracted below for easy reference: “Form I-A [See Rule 3(2)] FORM OF INDEMNITY NOTE _______ RAILWAY INDEMNITY NOTE ** I/We hereby acknowledge to have received from _________ Railway ______ valued at Rs.___________ which was dispatched by ** me/us and booked to self/as value payable, from the _______ Station of the ________ Railway on or about the ________ day of _____ the railway receipt for which has been ______________ and ** for myself, my heirs, executors and administrators / and for our Company / Firm, their assigns, and successors. ** I/We undertake in consideration of such delivery as aforesaid to hold. * President of India, his agents and servants the ____________ railway administration, its agents and servants harmless and indemnified in respect of all claims to the said goods. ** I/We also undertake to pay on demand to the railway administration freight charges, undercharges, wharfage and any other charges that may be subsequently found due in respect of this transaction. And ** I/We the undersigned, signing below the consignor of these goods certify that the first signor is the bona fide owner of the goods; and that ** I/We undertaken the whole of the said liability equally with the consignor, and for this purpose ** I/We affix ** my/our signature hereto. Signature of Witness _______ Signature of Consignor______ Father’s name ____________ **Father’s name __________ Age ____________________ Age _____________________ Profession _______________ Profession ________________ Residence _______________ Residence ________________ _______________________________ Designation and Seal of the Co./Form _____________________________ Registered Office/Place of business” Signature of witness___________ Signature of Surety__________ Father’s name________________ **Father’s name____________ Age________________________ Age______________________ Profession___________________ Profession_________________” “Form I-B [See Rule 3(2)] FORM OF INDEMNITY NOTE _______ RAILWAY INDEMNITY NOTE ** I/We hereby acknowledge to have received from _________ Railway ______ valued at Rs.___________ which was dispatched by ________ from _____ Station of the ________ Railway on or about the ________ day of _____ and booked to self/as value payable, the railway receipt for which has been ______________ and ** for myself, my heirs, executors and administrators / and for our Company / Firm, their assigns, and successors. ** I/We undertake in consideration of such delivery as aforesaid to hold. * President of India, his agents and servants the ____________ Railway Administration, its agents and servants harmless and indemnified in respect of all claims to the said goods. ** I/We also undertake to pay on demand to the railway Administration freight charges, wharfage and any other charges that may be subsequently found due in respect of this transaction. ** I enclose a copy of a stamp Indemnity Note executed by the consignor and countersigned by the Station Master of the Forwarding Station which has been duly endorsed by the Consignor in my favour authorizing me to take delivery of the consignments on his behalf. And ** I/We the undersigned, signing below the person authorized by the consignor to take delivery of the goods. I hereby certify that the first signor is the bona fide owner of the goods and ** I/We undertake the whole of the said liability equally with the signor, and for this purpose **I/We affix ** my/our signature hereby. Signature of Witness _______ Signature of Consignor______ Father’s name ____________ Father’s name __________ Age ____________________ Age _____________________ Profession _______________ Profession ________________ Residence _______________ Residence ________________ _______________________________ Designation and Seal of the Co./Form _____________________________ Registered Office/Place of business” Signature of witness___________ Signature of Surety__________ Father’s name________________ **Father’s name____________ Age________________________ Age______________________ Profession___________________ Profession_________________” 17. In Form 1-A, Indemnity Note, the consignor has to sign certifying that his is the bona fide owner of goods. Form 1-B, Indemnity Note, has to be signed by the consignor authorizing the person to take delivery. The copy of a stamped Indemnity Note has to be executed by the consignor and counter signed by the Station Master of the forwarding station. In other words, all the formalities prescribed under Form 1-A and Form 1-B have to be complied with, when the Railway Receipt is not forthcoming and the consignment is addressed by the sender to Self. The Railways cannot effect delivery unless those formalities have been complied with. 18. On going through the Railways Act, 1989, the Tribunal Act as well as the 1990 Rules and the statutory forms, we are of the considered view that what the Tribunal has to inquire into and determine is the claim against the Railway Administration, that is whether the Railway Administration is at fault in discharging its responsibilities under the Railways Act, Rules and Regulations and not the inter se disputes between the claimants and third parties.19. In view of the above facts and circumstances of the case, we

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]18. On going through the Railways Act, 1989, the Tribunal Act as well as the 1990 Rules and the statutory forms, we are of the considered view that what the Tribunal has to inquire into and determine is the claim against the Railway Administration, that is whether the Railway Administration is at fault in discharging its responsibilities under the Railways Act, Rules and Regulations and not the inter se disputes between the claimants and third parties.