IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO. 48716 OF 2018 (GM-AC) BETWEEN:
1. YASHODHAMMA W/O LATE PALAKSHA CHAR AGED ABOUT 54 YEARS OCCUPATION: HOUSEHOLD.
2. RUDRASWAMY S/O LATE PALAKSHA CHAR AGED ABOUT 29 YEARS.
3. PUSHPALATHA T. P D/O LATE PALAKSHA CHAR AGED ABOUT 25 YEARS.
ALL ARE RESIDENTS OF THIPPUR VILLAGE, GUBBI TALUK TUMAKUR DISTRICT – 572 142.
... PETITIONERS (BY SRI. M. R. HIREMATHAD, ADVOCATE (ABSENT)) AND :
UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER SOUTH CENTRAL RAILWAY SECUNDERABAD TELANGANA. ... RESPONDENT (BY SMT. ANUPAMA HEGDE, CGC) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 11.01.2018 PASSED BY THE RAILWAY CLAIMS TRIBUNAL IN O.S.NO.21 OF 2014 ON INTERLOCUTORY APPLICATION UNDER RULE-18(2) OF THE RAILWAY CLAIMS TRIBUNAL (PROCEDURE) RULES - 1989 CONSEQUENTLY QUASH THE ORDER DATED 21.11.2016 PASSED IN O.A.NO.21 OF 2014 VIDE ANNEXURE - B HEREIN AND DIRECT THE RAILWAY CLAIMS TRIBUNAL, BENGALURU BENCH TO RESTORE THE ORIGINAL APPLICATION IN TO FILE.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None appeared for the petitioners.
Smt. Anupama Hegde, learned Central Government Counsel for the respondent.
2. In this petition, the petitioners inter alia have assailed the validity of the order dated 11.01.2018 passed in O.A.No.21/2014 and to restore the original application into file.
3. On perusal of the record, it appears from the order sheet of the Tribunal that the application filed by the petitioners was dismissed for default and non- prosecution on 21.11.2016. Thereafter, another application was filed which was duly supported by an affidavit. However, the same has been dismissed by the impugned order.
4. It is well settled law that for the fault of the Advocate, the parties should not be penalized and sufficient cause should be shown so as to meet the ends of justice.
5. In the result, the impugned order dated 11.01.2018 is hereby set aside and O.A. No.21/2014 is restored to file and the Railway Tribunal is directed to decide the same expeditiously in accordance with law. Accordingly, petition is disposed of, subject to payment of deficit court fee within a period of three weeks from today.
Sd/- JUDGE SA Ct:sr