Madras High CourtCMA/2384/2015dismissed

The Union Of India Owning v. R.Ram Pati

2021-02-11Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM C.M.A.No. 2384 of 2015 The Union of India Owning Southern Railway, Rep. by its General Manager, Chennai - 600 003.

..Appellant/Respondents Vs.

1.R.Ram Pati 2.R.Sugaraniya ..Respondents/Appellants Prayer : Civil Miscellaneous Appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987, against the order passed by the Railway Claims Tribunal, Chennai Bench made in O.A.No. (II-U) 79/2013, dated 13.11.2013.

For Appellant ..

Mr.C.V.Ramachandramurthy For Respondents..

Not ready in notice

JUDGMENT

The Southern Railway filed this appeal challenging the award dated 13.11.2013 passed in O.A.No. 79 of 2013.

2. A perusal of the case records maintained by the High Court, reveals that the appeal against the award dated 13.11.2013 was filed on 7.09.2015. This Court, admitted the appeal and ordered notice to the respondent on 28.10.2015 and private notice was also permitted. Inspite of the fact that notice was ordered to the respondents, the appellant has not taken any steps to serve notice to the respondents for the past about five years.

3. The appeal is pending for the past five years and till today notice has not been served to the respondents. This being the factum, this Court, is not inclined to entertain the appeal as the appellant failed to serve notice to the respondents for five years.

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4. Accordingly, the award dated 13.11.2013 passed in O.A.No. 79 of 2013, stands confirmed. Consequently, C.M.A.No. 2384 of 2015 is dismissed. No costs. The connected M.P.No. 1 of 2015 is closed.

Sd/- Assistant Registrar (CS.III) /True Copy/ Sub Assistant Registrar To The Railway Claims Tribunal, Chennai Bench.

akm/5.3.21/2p-2c/ C.M.A.No. 2384 of 2015 11.02.2021 https://hcservices.ecourts.gov.in/hcservices/