Court No. - 19 Civil Misc. Stay Application No. 1001 of 2010 IN Case :- FIRST APPEAL FROM ORDER No. - 38 of 2010 Petitioner :- Union Of India Through G.M., North Eastern Railway Respondent :- M/S Indian Oil Corporation Ltd. And Another Petitioner Counsel :- Sharad Ranjan Nigam Hon'ble Sanjay Misra,J.
Sri Sharad Ranjan Nigam, learned counsel for the appellant has
submitted that the HSD was loaded in the wagon not at the siding
of the railways nor sealed under its supervision and therefore, in
view of Section 94 (1) and (2) of the Railways Act, 1989 no
responsibility for loss occurred could be fixed upon the appellant.
He states that by the impugned award the liability for loss has been
fixed on the appellant, which is illegal.
In view of the aforesaid circumstances, until further orders of this
Court, the effect and operation of the impugned award dated
12.10.2009 passed in Original Application No. 1/86/01 GKP shall
remain stayed.
Order Date :- 6.1.2010
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Court No. – 19
Case :- FIRST APPEAL FROM ORDER No. – 38 of 2010
Petitioner :- Union Of India Through G.M., North Eastern
Railway
Respondent :- M/S Indian Oil Corporation Ltd. And Another
Petitioner Counsel :- Sharad Ranjan Nigam
Hon’ble Sanjay Misra,J.
Issue notice to the respondents fixing an early date.
Steps be taken within a week.
Order Date :- 6.1.2010
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