Taj Kha S/O Pir Khan Pathan And ... vs Union Of India Thr. General ...
2017 Latest Caselaw 9407 Bom

                                                 1                     wp3186.2016.odt

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      NAGPUR BENCH, NAGPUR

                               Writ Petition No. 3186/2016

 1] Taj Kha S/o Pir Khan Pathan, 
     Aged about 47 years, Occ. Nil, 

 2] Ruksanabee W/o Taj Kha Pathan, 
     Aged about 40 years, Occ. Housewife, 

     Both R/o Anand Nagar, Wardha, 
     Tq. & Dist. Wardha                                     ..... PETITIONERS



                                       ...V E R S U S...


      Union of India, 
      Through General Manager, Central Railway, 
      CST, Mumbai                              ... RESPONDENT


 =====================================
  Shri A.S. Ambatkar, Advocate h/f Shri P.R. Agrawal, Advocate for the petitioners
                  Shri N.P. Lambat, Advocate for the respondent
 =====================================



                                             CORAM:- Z.A. HAQ,J.
                                             DATED :- 7    December, 2017
                                                        th
                                                                          


 ORAL JUDGMENT :-


                Heard. 

                Rule. Rule made returnable forthwith. 



 2]             The petitioners-claimants have challenged the order passed 




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 by   the   Railway   Claims   Tribunal   imposing   costs   of   Rs.   5,000/-   while 

 granting   adjournment.   The   costs   are   imposed   observing   that   the 

 applicants are unnecessarily delaying the disposal of the claim petition. 



 3]             The   petitioners   are   the   legal   representatives   of   deceased-

 Riyaj   S/o   Taj   Kha   Pathan   who   died   while   travelling   by   train   from 

 Warora to Wardha  and on account of whose death, the claim petition is 

 filed. It cannot be said that the petitioners-claimants got any benefit by 

 delaying the disposal  of the claim petition. The petitioners had sought 

 adjournment on the ground that they intended to challenge the order 

 passed by the Tribunal on 03/08/2015 before this Court and some time 

 was required for collecting the necessary papers. Considering the nature 

 of proceedings and the facts of the case, in my view, the order saddling 

 costs of Rs. 5,000/- on the petitioners is unsustainable. 



                Hence, the following order is passed:-



                                            O R D E R 

1] Rule is made absolute in terms of prayer clause

no. (i) which reads as follows:-

"quash and set aside the order Dated 25/02/2016 passed by learned Railway Claims Tribunal: Nagpur Bench, Nagpur in Case No. OA (llu)/NGP/2013/0054, to the extent it is prejudicial to the

3 wp3186.2016.odt

petitioners and set aside the condition of depositing cost of Rs. 5,000/- with the Railway Claims Tribunal Bar Association, Nagpur".

In the circumstances, the parties to bear their own costs.

JUDGE

A n s a r i