The petitioner/respondent has projected this civil revision petition before this Court as against the order dated 13.07.2009 in E.P.No.22 of 2009 in O.C.No.12 of 2003 passed by the Railway Claims Tribunal, Chennai.
2. The Railway Claims Tribunal, Chennai while passing orders in E.P.No.22 of 2009 on 13.07.2009 has observed as follows;
"Execution petition was put up to-day.
The learned counsel for the petitioner and the learned PO for the respondent are present.
Compliance of the order dated 02.07.2009 has not been done as yet. The learned PO says that the compliance of the order shall be made within two days but it seems the order has not been put up before the General Manager/Southern Railway yet. No reasons for the non-compliance has been given. Hence, the Registry is directed to ensure that the copy of this order is sent to the General Manager/Southern Railway by name and he is directed to ensure the compliance on or before 20.07.2009.
3. The learned counsel for the revision petitioner/respondent submits that the order passed by the Railway Claims Tribunal on 13.07.2009 in E.P.No.22 of 2009 in O.C.No.12 of 2003, tantamounts to excessive jurisdiction and abuse of powers vested on it and further, the claims Tribunal has gone to the extent of commanding the Railways to deposit the decree amount by means of final orders passed in O.C.No.12 of 2003 and reading of the orders passed by the Tribunal in E.P.No.22 of 2009 dated 02.07.2009 will amply demonstrate that the Tribunal is particular with whatever order is passed by it shall be obeyed by the revision petitioner/railways in toto without raising any objection and indeed the Tribunal has traveled beyond the decree and has gone to the extent of clarifying its own order which is an uncalled for one and moreover, filing an appeal is a collective decision taken by the railways at various stage by the officers and added further the Tribunal cannot champion cause of the claimants and E.P.No.22 of 2009 has been taken up on 20.07.2009 the Tribunal having confirmed whether payment has been made or not reserved orders in the aforesaid Execution Petition and finding of the Tribunal in para 6 of its order dated 02.07.2009 to the effect that, "the General Manager, Southern Railway is requested to enquire at his end, if he deems fit and fix the responsibility on the individual(s) held accountable for the delay resulting in the payment of huge interest to avoid recurrence of such lapses in future, as in this case the respondent/railways are being held responsible for making the payment of interest because of the non compliance" is totally an unwarranted and uncalled for one and therefore prays for allowing the civil revision petition by setting aside the orders passed by the Railways Claims Tribunal dated 13.07.2009 in E.P.No.22 of 2009 in O.C.No.12 of 2003 on 19.12.2008 inter alia partly allowing the claim made by the second respondent/claimant and directed the revision petition/respondent to pay a sum of Rs.1,95,293/- as compensation to the second respondent/claimant within two months from the date of the order failing which the second respondent/claimant will be entitled to the interest at 9% per annum from the date of application on 18.11.1986 till payment as against the orders passed in O.C.No.12 of 2003 dated 19.12.2008 the revision petitioner has filed C.M.A.No.1587 of 2009, this Court has not found any reason to interfere with findings of the Tribunal and it is also to the conclusion that the Tribunal has rightly held that the loss as claimed by the second respondent/claimant is very reasonable etc.
4. On 02.07.2009 the Railway Claims Tribunal in E.P.No.22 of 2009 in O.C.No.12 of 2003 has observed as follows;
"In the original order, the respondent was directed to pay to the applicant only a sum of Rs.1,95,293/- as compensation within two months from the date of the order without any interest (disallowing the claim of applicant for payment of interest at 18% per annum from 15.11.1985), but a rider in the order itself was put that in default of making the payment ordered within two months, the applicant will be entitled to the interest at the rate of 9% per annum from the date of application i.e.18.11.1986 till actual date of payment. Due to delay, the respondent/railways are now liable to pay interest for almost 23 years on the amount awarded in favour of the applicant. Hence it seems necessary to fix the responsibility on the person who was responsible for not complying with the orders of the Tribunal and because of that the railways have to incur extra liability towards interest running into more than Rs.3 lakhs for 23 years and also further observed that the General Manager, Southern Railway has been directed to ensure the compliance of the order passed by the Claims Tribunal as well as the High Court of Madras and deposit the amount with interest on or before 13.07.2009 and also further the General Manager, Southern Railway is requested to enquire at his end, if he deems fit and fix the responsibility on the individual(s) held accountable for the delay resulting in the payment of huge interest to avoid recurrence of such lapses in future etc."
5. It is represented before this Court on behalf of the revision petitioner/respondent that Special Leave Petition has been filed before the Hon'ble Supreme Court against the judgment dated 30.06.2009 passed by this Court in C.M.A.No.1587 of 2009 also it is represented on behalf of the civil revision petitioner before this Court that the revision petitioner has paid a sum of Rs.1,95,293/- through cheque bearing no.596597 dated 05.10.2009 drawn in favour of the first respondent/claims tribunal towards deposit in O.C.No.12 of 2003 and the revision petitioner is very much concerned about the award of interest of 9% per annum by the claims tribunal from the date of application i.e., 18.11.1986 till actual date of payment.
6. However, the learned counsel for the second respondent/claimant informs this Court that the revision petitioner/respondent has not filed Special Leave Petition before the Hon'ble Supreme Court.
7. As on date the judgment passed by this Court in C.M.A.No.1587 of 2009 dated 30.06.2009 as against the orders passed by the revision petitioner/claims tribunal in O.C.No.12 of 2003 dated 19.12.2008 have become final and binds between the inter se parties. Moreover, on the side of revision petitioner/respondent no material has been produced before this Court to show that the revision petitioner/respondent has preferred Special Leave Petition before Hon'ble Supreme Court as against the judgment passed by this Court in C.M.A.No.1587 of 2009 dated 30.06.2009.
8. Be that as it may, in view of the fact that the orders passed in O.C.No.12 of 2003 dated 19.12.2008 and the judgment passed by this Court in C.M.A.No.1587 of 2009 dated 30.06.2009 have become final and binding between the inter se parties and since no positive proof has been produced before this Court to show that the revision petitioner has filed the Special Leave Petition as against the judgment passed by this Court in C.M.A.No.1587 of 2009 dated 30.06.2009 and looking at from any point of view this Court is of the considered view that the civil revision petition filed by the petitioner herein is perse not maintainable in law and consequently the civil revision petition fails.
9. In the result, the civil revision petition is dismissed leaving the parties to bear their own costs. Consequently, connected M.P.No.1 of 2009 is closed. Having regard to the facts and circumstances of the case there shall no order as to costs.
prm To The Railway Claims Tribunal, Chennai