Gauhati High Court
Union Of India vs M/S Bajaj Hindusthan Ltd on 20 February, 2023
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GAHC010102012019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2531/2019
UNION OF INDIA
REP. BY THE GENERAL MANAGER, NORTH EASTERN RAILWAY,
GORAKHPUR, UTTAR PRADESH, PIN- 273012.
VERSUS
M/S BAJAJ HINDUSTHAN LTD.,
BAJAJ BHAWAN, JAMUNALAL BAJAJ MARG, B-10, SECTOR-3, NOIDA, PIN-
201301 /9NCR DELHI).
Advocate for the Petitioner : MR. B SARMAH
Advocate for the Respondent : MR. K P MAHESWARI
Linked Case :
UNION OF INDIA
VERSUS
M/S BAJAJ HINDUSTHAN LTD
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Advocate for :
Advocate for : appearing for M/S BAJAJ HINDUSTHAN LTD
BEFORE
HONOURABLE MRS. JUSTICE MARLI VANKUNG
ORDER
20.02.2023
Heard Mr. K. Gogoi, learned counsel for the applicant/appellant along with
Ms. M. Sarmah, learned counsel for the respondent/opposite party.
This is an application filed under Section 5 of the Limitation Act 1963 for
condonation of the delay of 64 days in preferring the appeal against the
Judgment & Order dated 30.11.2018 passed by the learned Members, Railway
Claims Tribunal, Guwahati Bench in Claim Application No.OA/III/258/2011,
which is objected by the learned counsel for the opposite party/respondent on
the grounds that the Limitation Act is not applicable under the Railway Claims
Tribunal Act, 1987, wherein under Section 23 of the Railway Claims Tribunal Act
provides for the manner of filing appeals before the High court.
Mr. K. Gogoi, learned counsel for the applicant submits that the provision
of section 5 of the Limitation Act would apply to filing of an appeal under
Section 23 of the Railway Claims Tribunal Act by virtue of the provisions of
section 29(2) of the Limitation Act, 1963 since there is no express exclusion of
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the application of the Limitation Act in the Claims Tribunal Act. He further
submits that the Claims Tribunal cannot be held to be a complete court in itself.
In support of his submission he has cited the following cases:
The decision of the Madhya Pradesh High Court Division Bench in Kapil
-Vs- Union of India cited in (2017) 2 ACC 775, State of Goa -Vs-
Western Builders reported in (2006) 6 SCC 239, Competent Authority,
Tarana District, Ujjain (M.P.) -Vs- Vijay Gupta & Others reported in
1991 Supp (2) SCC 631, Mangu Ram -Vs- Municipal Corporation of
Delhi reported in (1976) 1 SCC 392 and Superintending Engineer/Dehar
Power House Circle Bhakra Beas Management Board (PW) Slapper &
Anr -Vs- Excise & Taxation Officer, Sunder Nagar/Assessing Authority
reported in (2020) 17 SCC 692.
On the other hand, the learned counsel for the opposite party submits that
Section 5 of the Limitation Act has no application in condoning the delay in filing
an appeal under the Railway Claims Tribunal Act. In support of her submission
she has cited the decision of this Court in Union of India -Vs- Jasiruddin
Talukdar reported in (2011) 2 GLR 832, Union of India & Anr -Vs- M/S
Manas Salt Iodisation Industries Pvt. Ltd reported in Cas No. I.A.(Civil)
1349/2017 dated 20.09.2017 and Union of India -Vs- M/S Sushil
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Kumar Sunil Kumar case No. I.A.(Civil) 1044/2016 dated 30.08.2017/
Case No.I.A. 966/2016 MFA Sl.No. 269237.
The learned counsel for the respondent also mentions that this High Court in
the above judgments had relied on the decision made by this Court in Union of
India -Vs- Jasiruddin Talukdar (Supra). The Union of India has now filed a
SLP against the Judgment & Order of this Court in Union of India -Vs- M/S
Sushil Kumar Sunil Kumar(supra) which is registered as Civil Appeal No.(S)
438/2020 with regards to the applicability of the Limitation Act in view of
section 23 of the Railway Claims Tribunal Act.
Thus, considering the submissions of both the parties and in view of the fact
that an appeal is pending before the Apex Court registered as Civil Appeal
No.438/2020 against the Judgment & Order of this Court in Union of India
-Vs- M/S Sushil Kumar Sunil Kumar(supra), this Court finds it fit to await
for the final outcome of the matter pending before the Hon'ble Supreme Court
in Civil Appeal No.438/2020.
Accordingly, this matter is to be put up after the disposal of the Civil
Appeal No.438/2020 pending before the Hon'ble Supreme Court.
JUDGE
Comparing Assistant
