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2020 DIGILAW 49 (JHR)

Union of India v. Hindustan Petroleum Corporation Limited

2020-01-10

RAJESH KUMAR

body2020
JUDGMENT : 1. The present CMP has been filed for restoration of M.A. No. 499 of 2015 which was dismissed for non-compliance of peremptory order dated 13.12.2018. 2. From perusal of record, it appears that the claim petition has been filed by M/s Hindustan Petroleum Corporation Limited being OA-1/RNC/2007/0010 which has been allowed by Railway Claims Tribunal vide impugned order dated 20.02.2015, making award in favour of the M/s Hindustan Petroleum Corporation Limited to the tune of Rs.95,709/- along with 10% interest. 3. The aforesaid award has been challenged by filing M.A. No.499 of 2015 on 28.10.2015. Twice time has been given by the Lawazima Board i.e. 14.12.2015 and 02.02.2016 for removal of the defects as pointed out by the office but the defects have not been removed. Vide order dated 13.12.2018, this Court has given three weeks’ further time for removal of the surviving defects with stipulation that if the defects are not removed within the prescribed period, the appeal shall stand rejected without further reference to the Bench. In spite of peremptory order the defects have not been removed, and as such the appeal has been dismissed. 4. For restoration of the said appeal the present Civil Miscellaneous Petition being C.M.P. No.113 of 2019 has been filed on 21.02.2019. The defects have been removed after 10 months i.e. in the month of October, 2019 and an Interlocutory Application being I.A. No.6370 of 2019 has been filed for condoning the delay of 19 days in filing of the restoration petition. 5. Thus, it appears that the petitioner is not serious about pursuing the present petition. For pity amount of Rs.95,709/-, litigation is going on between two government organizations since 26.07.2007. 6. In view of above facts and discussion, this Court is not inclined to restore this M.A.499 of 2015 to its original file. Accordingly the present C.M.P. No.113 of 2019 stands dismissed. 7. Pending I.A., if any, also stands dismissed.