Md. Amin Khan vs Union Of India Through The General ...
2021 Latest Caselaw 1168 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             (Civil Miscellaneous Appellate Jurisdiction)
                    M.A. No. 626 of 2018
                           ........

Md. Amin Khan                            .... ..... Appellant
                               Versus

Union of India through the General Manager, East Central Railway, Hajipur .... ..... Respondent

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Appellant : Mr. Rajesh Kumar Jha, Advocate.

Mr. Ashok Kumar Singh, Advocate.

For the Respondent : Mr. Vijay Kumar Sinha, Advocate.

........

06/08.03.2021.

Learned counsel for the respondent - Railway, Mr. Vijay Kumar Sinha has submitted that in compliance of order dated 23.11.2020, counter affidavit has not been filed and has submitted that two weeks' time may be granted to file counter affidavit.

However, learned counsel for the respondent has submitted that it is not a case of death, rather it is a case of injury. At para-2 of the impugned judgment, it has been recorded that injured got his left foot crushed, but at para-10 of the impugned judgment, it has been recorded that appellant might have got injured and his left leg might have also got crushed, as such to verify the fact, lower court records may be called for.

Learned counsel for the appellant, Mr. Rajesh Kumar Jha assisted by learned counsel, Mr. Ashok Kumar Singh has submitted that such plea is a tactics to delay the disposal of the instant appeal, as Railway has not complied the order dated 23.11.2020 for filing counter affidavit, which was ordered to be filed within four weeks, as such, counsel for the Railway is trying to delay the proceeding.

Considering the same, office is directed to call for the lower court records, which must be received before this Court by 20.03.2021 as the matter is from Railway Claims Tribunal, Ranchi.

In the meantime, Railway shall file counter affidavit. Put up this case on 22.03.2021.

If no counter affidavit is filed within the stipulated time, it is presumed that Railway is only delaying the proceeding and

thereafter Railway shall not file counter affidavit without leave of this Court.

(Kailash Prasad Deo, J.) Sunil/-