FA/276/2005 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 276 of 2005 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ====================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ====================================== HINDUSTAN PETROLEUM CORP.LTD. Versus UNION OF INDIA ====================================== Appearance : MR GN SHAH for Appellant. MS SEJAL K MANDAVIA for Respondent. ====================================== CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 05/08/2008 ORAL JUDGMENT 1. By way of this appeal, original applicant has challenged judgment and order of Railway Claims Tribunal, Ahmedabad, dated 16th September, 2003 passed in Claim Application No.2000037, whereby the claim application was dismissed for want of prosecution. FA/276/2005 2/2 JUDGMENT 2. It is clear from the impugned order that the tribunal has dismissed the application without entering into the merits of the matter. In my view, the tribunal ought to have considered the evidence produced by the present appellant and could have given finding on the documents and averments made in the application. Since the tribunal has dismissed the matter, without entering into any such exercise, averments made in this appeal are required to be accepted and the matter is required to be remanded to the Railway Claims Tribunal, Ahmedabad. 3. Accordingly, the matter is remanded to the Railway Claims Tribunal for considering it again in view of documents and evidence on record. Accordingly, this appeal is allowed to the said extent. However, since the Railway is required to incur expenses for this appeal, by way of cost, the appellant – original applicant is directed to deposit Rs.4,000/- with the tribunal. On deposit of amount of cost, the tribunal will issue cheque in favour of General Manager, Western Railway, and, thereafter, the Claim Application may be heard and decided afresh, as directed in this order. (K.S.Jhaveri, J.) /malek