KERALA STATE ROAD TRANSPORT CORPORATION Vs. N.K. BYJUMON
EmailAppeal: CIVIL APPEAL NO.2533 OF 2016
Petitioner: KERALA STATE ROAD TRANSPORT CORPORATION
Respondent: N.K. BYJUMON
Judges: ANIL R. DAVE , ADARSH KUMAR GOEL
Date of Judgment: Mar 04, 2016
JUDGEMENT:
NON- CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2533 OF 2016 (Arising out of S.L.P.(C) No.554 OF 2016)
|KERALA STATE ROAD TRANSPORT CORPORATION |Appellant(s) |
Versus
|N.K. BYJUMON |Respondent(s) |
J U D G M E N T
ANIL R. DAVE, J.
1. We have heard learned counsel for both the parties. 2. The respondent, who has now appeared in the case, is permitted to withdraw the amount of Rs.10,000/- (rupees ten thousand only) deposited by the petitioner with the Registry. 3. The petitioner is directed to pay a further sum of Rs.10,000/- (rupees ten thousand only) to the respondent by way of costs. 4. Leave granted. 5. Looking at the fact that the respondent has been compensated and the delay was due to carelessness of an employee of the appellant-Corporation, who is being departmentally dealt with, we set aside the impugned judgment passed by the High Court and remit -2-
the matter to the High Court so that the same can be decided afresh on merits. 6. The appeal is, accordingly, disposed of as allowed. 7. The parties shall appear before the High Court on 28th March, 2016 for further hearing of the case.
………………..J. (ANIL R. DAVE)
………………..J. (ADARSH KUMAR GOEL)
New Delhi, March 04, 2016
CIVIL APPEAL NO.2533 OF 2016 (Arising out of S.L.P.(C) No.554 OF 2016)
|KERALA STATE ROAD TRANSPORT CORPORATION |Appellant(s) |
Versus
|N.K. BYJUMON |Respondent(s) |
J U D G M E N T
ANIL R. DAVE, J.
1. We have heard learned counsel for both the parties. 2. The respondent, who has now appeared in the case, is permitted to withdraw the amount of Rs.10,000/- (rupees ten thousand only) deposited by the petitioner with the Registry. 3. The petitioner is directed to pay a further sum of Rs.10,000/- (rupees ten thousand only) to the respondent by way of costs. 4. Leave granted. 5. Looking at the fact that the respondent has been compensated and the delay was due to carelessness of an employee of the appellant-Corporation, who is being departmentally dealt with, we set aside the impugned judgment passed by the High Court and remit -2-
the matter to the High Court so that the same can be decided afresh on merits. 6. The appeal is, accordingly, disposed of as allowed. 7. The parties shall appear before the High Court on 28th March, 2016 for further hearing of the case.
………………..J. (ANIL R. DAVE)
………………..J. (ADARSH KUMAR GOEL)
New Delhi, March 04, 2016
