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2015 DIGILAW 1027 (KAR)

Ultra Tech Cement Ltd. Formerly known as Grasim Industries Limited (Unit Rajashree Cement) v. Union of India Ministry of Railways

2015-09-02

B.V NAGARATHNA, SUBHRO KAMAL MUKHERJEE

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ORDER This is a petition challenging the decision of the Railway Claims Tribunal, Bengaluru Bench, Bengaluru, in I.A.No.11 of 2013 arising out of O.A.III 01 of 2013. 2. By the impugned order dated October 21, 2014, the learned Members of the Railway Claims Tribunal dismissed the application for condonation of delay in filing the claim application. 3. Hence, this writ petition under Articles 226 and 227 of the Constitution of India is filed before us. 4. Section 23 of the Railway Claims Tribunal Act, 1987 provides for filing of an appeal from every order, not being an interlocutory order, of the claims tribunal, to the High Court having jurisdiction over the place where the Bench is located. 5. Mr.Abhinav Ramanand A, learned advocate, submits that the rejection of the application for condonation of delay is an interlocutory order and is not an order in the claim application. 6. We are of the opinion that the order impugned is not an interlocutory order. A claim application was filed along with an application for condonation of delay in filing the claim application. The application was dismissed on the refusal to condone the delay. Nevertheless, it is the decision in the claim application. 7. The Supreme Court of India, in the case of SHYAM SUNDAR SARMA versus PANNALAL JAISWAL AND OTHERS reported in (2005) 1 SCC 436 , held that when an appeal was dismissed on refusal to condone the delay, it has been a decision in the appeal. 8. We, therefore, feel that when claim application is dismissed on the refusal to condone the delay, it is a decision in the claim application and, therefore, it is not an interlocutory order. 9. We are of the opinion that the writ petition is not maintainable. We dismiss the writ petition as not maintainable. 10. However, this order of dismissal shall not prevent the writ petitioner to approach this Court in the appellate jurisdiction, in accordance with law. 11. On the prayer of Mr.Abhinav Ramanand .A, learned advocate, we direct the office to return the certified copy of the impugned order forthwith upon his submitting a photocopy of same. 12. We make no order as to costs.