Darshan Kumar Arora And Others vs Union Of India And Others

Vide this MA. the applicant seeks waiver of the costs on the ground that counsel for the applicant had gone out of station and was supposed to

return back in the morning on 15.05.2019 by train at 6 A.M. However, the train got delayed and therefore. reached at around 11.30 A.M. at New

Delhi and could not reach the Court in time, which resulted in dismissal of the application.

Application is opposed by counsel for the respondents on the ground that there is no cogent ground for waiver of the cost. Moreover ,there is

inordinate delay in moving the application.

Perusal of the application goes to show that the same is accompanied by an affidavit. It is not clear as to who has filed this affidavit. For the sake

of convenience, the same is reproduced as under:-

Affidavit

I, Ex. JWO Darshan Kumar Arora s/o Sh. Hansraj Arora r/o 6D, Inderpuri. Ambala Cantt. Haryana aged around 52 years, do hereby solemnly affirm

and declare as under:-

That I am the AR of the applicant hence competent to swear this affidavit.

That I could not attend the matter before the court when the same was listed as I was travelling and the train which was scheduled to be at 6 AM

got delayed and reached New Delhi at 11.30 A M hence I could not come to the court on time.

That the accompanying applications for waiving off the cost has been drafted by me and the contents of the same are true and correct. nothing

material has been concealed and no part of it is false.

Sd/-

Deponent

Verification.-

I. Umesh Sharma. Advocate do hereby verify on this 21/5/19 at Delhi that the contents of the paras 1 to 3 of the present affidavit are true and

correct, nothing material has been concealed and no part of it is false.

Sd/-

Applicants

Contents of para No.1 of the affidavit reflects that the applicant who is swearing the affidavit is Ex.JVVO Darshan Kumar Arora who claims

himself to be A.R of the applicant. Para No.2 of the affidavit reproduces the averments made in the application wherein the counsel for the applicant

has given his personal ground which prevented him from appearing in the Tribunal The verification is by Shri Umesh Sharma, Advocate, whereas the

a-p-plieation is signed by Darshan Kumar Arora. As such. this affidavit infact is no affidavit in the eyes of law.

Moreover, in the entire application, only the counsel has given reason for his non-appearance. There is no averment as to what prevented the

applicant to appear before the Tribunal, more particularly, when earlier the OA was dismissed for nonprosecution on 8.2.2019 and this application was

for restoration of the OA. It was incumbent upon the applicant to have been more vigilant and in case the counsel has gone out of station. necessary

instructions could have been given to the applicant to appear before the Tribunal but that was never done.

That being so, there are no grounds. much less any cogent ground, for the waiver of the cost.

Accordingly. the application is dismissed.