CAT - Delhi

Original Application Dismissed Due to Non-Prosecution, Applicants Losing Interest.

Harshit Kumar Sharma & Ors. v. Union of India & Anr. O.A. No.1336/2024

CAT - DelhiJUDGMENT: no citation1 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The matter was taken up on March 11, 2026.

Source reference: no citation

Previously, on January 7, 2026, the Tribunal had noted the respondents' statement that the examination process was over and granted the applicants' counsel a "last and final opportunity" to argue the matter, scheduling it for the current date.

Source reference: p.4

On the current date, as well as on several previous occasions, there was no representation on behalf of the applicants.

Source reference: p.4
02

Issues

1. Whether the Original Application should be dismissed due to the repeated absence of the applicants or their counsel, indicating a lack of interest in pursuing the matter.

Source reference: p.4
03

Law Applied

The Tribunal based its decision on procedural rules allowing for the dismissal of a case in default and for non-prosecution when a party or their counsel repeatedly fails to appear or pursue the matter after being given opportunities to do so.

Source reference: p.4
04

Reasoning

The court found that despite being granted a "last and final opportunity" to argue, the applicants and their counsel failed to appear on the scheduled date, as they had on “several previous occasions.”

Source reference: p.4

This consistent non-appearance led the Tribunal to infer that the applicants had "lost interest in pursuing the matter further."

Source reference: p.4

Based on this inference and the prolonged non-prosecution, the Tribunal determined that dismissal was warranted.

Source reference: no citation
05

Holding

The Original Application was dismissed in default and for non-prosecution.

Any pending Miscellaneous Applications were also disposed of.

Source reference: p.4

No order was made as to costs.

Source reference: p.4
CAT - Delhi

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Harshit Kumar Sharma & Ors. v. Union of India & Anr. O.A. No.1336/2024

CAT - Delhi · no citation

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