Calcutta High Court (Appellete Side)
Basmati Mondal vs Union Of India & Ors on 16 August, 2011
Author: Ashim Kumar Banerjee
Bench: Ashim Kumar Banerjee
1
4 16.8.11 W.P.C.T. 188 of 2011
akb
Basmati Mondal
-Versus-
Union of India & Ors.
Mr. Ujjal Kumar Sarkar ...For Petitioner
The respondents, Chittaranjan Locomotive
Works accepted service, however, does not appear.
The Tribunal application was dismissed for default on March 11, 2011 before the service could be effected upon the respondents. The learned Counsel for the respondents, however, appeared before the Tribunal when the application for restoration was moved. The petitioner was, however, absent. On the application for recall the Tribunal heard the respondents and observed that the second wife was not made party. The order under Section 125 of the Criminal Procedure Code was also not brought on record. The Tribunal dismissed the application through a single Member.
The order dated May 31, 2011 is set aside. Let M.A. No. 142 of 2011 be restored and the same be placed before the Bench of the Tribunal consisting of two Members.
The petitioner must serve copy of the main petition upon the Chittaranjan Locomotive Works, if not done.
W.P.C.T. 188 of 2011 is disposed of without any order as to costs.
Urgent xerox certified copy of the order, if applied for, be supplied to the parties on priority basis.
2( Banerjee, J.) ( Dr. Mrinal Kanti Chaudhuri, J.)