The Railway Claims Tribunal Act, 1987
Chapter VI: Miscellaneous
24. Transfer of pending
cases
1. Every
suit, claim or other legal proceeding (other than an appeal) pending before any
court, Claims Commissioner or other authority immediately before the appointed
day, [or, as the case may be, the date of commencement of the provisions of
sub-section (IA) of Section 13] being a suit, claim or proceeding the cause of
action whereon it is based is such that it would have been, if it had arisen
after the appointed day, [or, as the case may be, the date of commencement of
the provisions of subsection (IA) of section 13] within the jurisdiction of the
Claims Tribunal, shall stand transferred on [that day or, as the case may be,
date] to the Claims Tribunal.
2. Where
any suit, claim or other legal proceeding stands transferred from any court,
Claims Commissioner or other authority to the Claims Tribunal under sub-section
(1),-
a.
The
court, Claims Commissioner or other authority shall, as soon as may be after
such transfer, forward the records of such suit, claim or other legal
proceeding to the Claims Tribunal;
b.
The
Claims Tribunal may, on receipt of such records, proceed to deal with such
suit, claim or other legal proceeding, so far as may be, in the same manner as
an application, from the stage which was reached before such transfer or from
any earlier stage or de novo as the Claims Tribunal may deem fit.