General Manager N F Railway vs M/S Stores And Spares Copr
2022 Latest Caselaw 3107 Gua

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GAHC010161822008




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                  Case No. : MFA/43/2008

            GENERAL MANAGER N F RAILWAY
            MALIGAON, GHY-11, ASSAM.



            VERSUS

            M/S STORES and SPARES COPR.
            PARAMESWRI BUILDING, GHY-1, ASSAM.



Advocate for the Petitioner   : MR.S SARMA

Advocate for the Respondent :




             Linked Case : MC/941/2008

            GENERAL MANAGER N F RAILWAY



             VERSUS

            M/S STORES and SPARES COPR.



             ------------

Advocate for : MR.S SARMA Page No.# 2/5

Advocate for : appearing for M/S STORES and SPARES COPR.

Linked Case : MFA/15/2008

GENERAL MANAGER N F RAILWAY NF RAILWAYS MALIGAON GHY-11 ASSAM.

VERSUS

M/S PANCHAM INTERNATIONAL LTD.

PARAMESWARI BUILDING FANCY BAZAR GHY-1 ASSAM.

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Advocate for : MS.B DEVI Advocate for : appearing for M/S PANCHAM INTERNATIONAL LTD.

Linked Case : MC/221/2008

GENERAL MANAGER N F RAILWAY

VERSUS

M/S PANCHAM INTERNATIONAL LTD.

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Advocate for : MR.H K DAS Advocate for : appearing for M/S PANCHAM INTERNATIONAL LTD.

BEFORE Page No.# 3/5

THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

22.08.2022

This is an application under Section 23 of the Railway Claim Tribunal Act, 1987 against the judgment and order dated 10.07.2007. This appeal was filed on 13.11.2007. The records including the office note sheets and check list reflect that case was checked and it was assessed to be ready by the concerned filing section on 28.02.2008.

The order sheets show that the matter was first listed on 14.12.2016. On that date, none appeared for the appellant.

On 14.12.2016, this court direct that the matter should be listed with similar cases and such order was passed with reference to an order dated 26.03.2008, but said order is not available on record.

Thereafter, the matter was listed on 01.06.2018. Though there is no order of issuing notice in this application, however, order dated 01.06.2018 passed by the court reflects that the appellant was directed to take steps on the respondents within a period of one week from that date i.e. 01.06.2018.

Office note reflects that on 11.06.2018 notice was issued by registered post with A/D. When no A/D card or un-served notice was returned back, ultimately the matter was placed before the Lawazima court on 20.02.2019.

In the meantime, notice was returned back as un-served with postal endorsement that no such address in the building. On the basis of such office note dated 16.02.2019, matter was placed before the Lawazima court on 20.02.2019, which directed the appellant to take fresh steps for issuance of notice on the sole respondent. However, office note dated 26.04.2019 reflects that no steps were taken by the appellant.

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Thereafter, the matter was again placed before the Lawazima court on 02.05.2019, on which date none appeared for the appellant before the Lawazima court. Accordingly, Lawazima court directed issuance of fresh step within seven days. However, as no such steps were taken by the appellant Railways, matter was again placed before the Lawazima court on 02.05.2019, on which date also none appeared for the appellant before the Lawazima court. Accordingly, in the interest of justice, the matter was adjourned by Lawazima court and it was fixed on 21.06.2019. Thereafter, the matter was again placed before the Lawazima on 16.07.2019, on which date once again direction was issued to the appellant to take fresh steps.

It is reflected in the order dated 16.07.2019 that on that date also none appeared for the appellant Railways. Again matter was directed to be listed on 11.09.2019.

Thereafter, when the matter was listed before this court on 24.01.2020, the learned counsel for the Railways submitted that he requires certain instruction with regard to the matter from his client as this is an old matter. It was further submitted that certain documents are also required from his client which have some bearing in the matter. It was further submitted by the learned counsel that steps have already been taken and none has appeared on behalf of the respondent. Despite not appearing before the Lawazima court, the learned counsel for the appellant Railways submitted before the court on 24.01.2020 that he wants to take fresh step through registered post and dasti upon the respondent. It is submitted that though learned counsel for the Railways has taken dasti service no affidavit has as yet been filed, which is reflected in the office note dated 17.08.2022.

When the matter is listed, the learned counsel for the appellant prays for some time to file the affidavit in support of dasti. This court has considered the sequence of event as discussed hereinabove and it reflects that the appellant Railways has very callously and casually taken up this matter in spite of repeated orders none appeared Page No.# 5/5

before the Lawazima Court.

Be that as it may, as the steps has already been taken pursuant to order dated 24.01.2020, the learned counsel for the appellant is permitted to file affidavit on dasti, however, with a cost of Rs. 5,000/- to be deposited before the Registry and the Registry in turn deposit the same in the account of Gauhati High Court Legal Service Committee.

JUDGE

Comparing Assistant