Union Of India vs A N Muralidhar
2024 Latest Caselaw 1071 Kant

Karnataka High Court

Union Of India vs A N Muralidhar on 11 January, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                -1-
                                                            NC: 2024:KHC:1696
                                                        MFA No. 3054 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 11TH DAY OF JANUARY, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 3054 OF 2022 (RCT)

                   BETWEEN:

                   1.    UNION OF INDIA
                         REPRESENTED BY ITS GENERAL MANAGER
                         SOUTH WESTERN RAILWAY
                         HUBLI.
                                                                 ...APPELLANT

                            (BY SRI. KAVITHA H C.,ADVOCATE, [ABSENT])
                   AND:

                   1.    A.N.MURALIDHAR
                         S/O LATE A.ANAJAPPA SHETTY
                         AGED ABOUT 62 YEARS
                         OCCUPATION: COOLIE
Digitally signed
by SHARANYA T      2.    A.M.DHANUSH BABU
Location: HIGH
COURT OF                 S/O A.N. MAURALIDHAR
KARNATAKA                AGED ABOUT 27 YEARS
                         OCCUPATION: STUDENT

                   3.    A.M.TANUJA
                         D/O A.N. MUALIDHAR
                         AGED ABOUT 27 YEARS
                         OCCUPATION: STUDENT

                         RESPONDENTS ARE RESIDENT
                         OF AT KUPPAM MANDALAM
                         OF CHITTOOR DISTRICT
                         ANDHRA PRADESH &
                                      -2-
                                                   NC: 2024:KHC:1696
                                             MFA No. 3054 of 2022




    TEMPORARILY RESIDING AT
    H.NO.217 1ST BLOCK,
    3RD MAIN, 3RD CROSS
    DEVASANDRA MAIN ROAD,
    AYYAPPA NAGAR, BANGALORE
    KARNATAKA STATE
                                                    ...RESPONDENTS

     (BY SRI.D.S.MALIPATIL, ADVOCATE FOR C/R1 TO R3)


     THIS MFA IS FILED U/S 23(1) OF RAILWAY CLAIMS
TRIBUNAL ACT, 1987 AGAINST THE ORDER DATED 24.03.2021
PASSED IN OA NO.II U 091/2017    ON THE FILE OF THE
RAILWAY CLAIMS TRIBUNAL, BENGALURU, ALLOWING THE
CLAIM APPLICATION FOR COMPENSATION.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                             JUDGMENT

The learned counsel for the appellant is absent.

This Court has taken note of non depositing of amount in

terms of the order dated 13.04.2022 and 04.01.2024.

However, one more opportunity was given to the learned

counsel for appellant to make the submission with regard to the

deposit of amount and also made it clear that if the appellant's

counsel does not appear on the next date hearing, the appeal

will be dismissed for non-prosecution.

NC: 2024:KHC:1696

Inspite of the same, the appellant's counsel is absent and

not appeared before the Court even today at 4.27 p.m., Hence,

the present Miscellaneous First Appeal is dismissed for non-

prosecution.

Sd/-

JUDGE RHS