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2025 DAILYLAW 13123 (GAU)

M/S R.K. JAIN AND SONS AND ANR. v. THE UNION OF INDIA AND 4 ORS.

WP(C)/4022/2021 · 2025-08-17

N Unni Krishnan Nair

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010112332021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4022/2021 M/S R.K. JAIN AND SONS AND ANR. A PROPRIETORSHIP FIRM HAVING ITS OFFICE SITUATED AT N.C. ROAD, P.O.-TEZPUR, TEZPUR-784001 REPRESENTED BY ITS PROPRIETOR RAJ KUMAR JAIN AGED ABOUT 50 YEARS, S/O LATE H.M. JAIN, N.C. ROAD, P.O.-TEZPUR, TEZPUR-784001 2: RAJ KUMAR JAIN PROPRIETOR OF M/S R.K. JAIN AND SONS S/O LATE H.M. JAIN N.C. ROAD P.O.-TEZPUR TEZPUR-78400 VERSUS THE UNION OF INDIA AND 4 ORS. REPRESENTED BY THE SECRETARY, MINISTRY OF RAILWAYS, RAILWAY BOARD, RAILWAY BHAVAN, NEW DELHI 2:THE CHAIRMAN RAILWAY CLAIMS TRIBUNAL 13/15 MALL ROAD DELHI-110054 3:THE VICE CHAIRMAN (EAST ZONE) RAILWAY CLAIMS TRIBUNAL CALCUTTA BENCH 2 ESPLANADE MANSION ESPLANADE EAST KOLKATA-700069 4:THE REGISTRAR RAILWAY CLAIMS TRIBUNAL Page No.# 2/3 GUWAHATI BENCH STATION ROAD GUWAHATI 5:THE GENERAL MANAGER N.F. RAILWAY MALIGAON GUWAHATI-78101 Advocate for the Petitioner : MR. A GOYAL, MR. A CHOUDHURY Advocate for the Respondent : SC, RAILWAY, MR. R SHARMA (R-2 TO 3),MR. S K GOSWAMI (R-2 TO 3) BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 18.08.2025 Heard Mr. A. Goyal, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Standing Counsel, Railways appearing for the respondent nos. 1 and 5 and Mr. S. K. Goswami, learned counsel appearing for the respondent No. 4. 2. Mr. A. Goyal, after attempting to argue the matter at some length has submitted that he be permitted to withdraw the present writ petition with a liberty to approach the appellate forum in terms of the provisions of Section 23 of the Railway Claims Tribunal Act 1987, against the order of the Tribunal passed in the original application involved in the present proceedings. 3. Prayer is not objected to by the learned counsel for the respondents. 4. Prayer accepted. 5. The present writ petition stands dismissed on withdrawal with a liberty to the petitioner to approach the appellate forum in terms of the provisions of Page No.# 3/3 Section 23 of the Railway Claims Tribunal Act, 1987. 6. The petitioner is at liberty to file appropriate application for condonation of delay, if permissible, and therein also take a plea with regard to the pendency of the present writ application before this Court for the purpose of condonation of the delay. JUDGE Comparing Assistant