ASSOCIATED CEMENT COMPANIES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein filed the aforesaid petitions under Article 227 of the Constitution of India being Aggrieved by the order dated 4.3.1998 dismissing the application filed by the petitioner under Section 18 of the Railway Claims Tribunal Act read with Order IX Rule 9 Civil Procedure Code seeking for restoration of the claim applications which were dismissed in default for non-appearance on 23.9.1997.

(2.) The petitioner filed the claim applications against the respondent for recovery of compensation as damages caused to the consignments of cement booked for carriage by the respondent. The respondent resisted the said claims. The aforesaid claim applications were thereafter posted for evidence of the petitioner on 23.9. 1997. Since neither the petitioner nor its counsel was present when the matter was taken up for hearing, the applications were dismissed for default on 23.9.1997 and under those circumstances, the petitioner filed miscellaneous applications under Section 18 of the Railway Claims Tribunal Act read with Order IX Rule 9 Civil Procedure Code praying for setting aside the order of dismissal of the claim application for default and for restoration of the same.

(3.) The said applications were resisted by the respondent. Upon hearing the counsel for the parties, the applications for restoration were dismissed by the Tribunal holding that the petitioner failed to give any reason for non-appearance of either the petitioner or its counsel on 23.9.1997. It was also held that the petitioner failed to show any cause, much less sufficient cause, for their non-appearance on the date fixed for hearing of the case and, therefore, there was no merit in the said applications which were accordingly dismissed.