Facts
The matter was taken up on March 11, 2026.
Source reference: no citationPreviously, 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.4On the current date, as well as on several previous occasions, there was no representation on behalf of the applicants.
Source reference: p.4Issues
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.4Law 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.4Reasoning
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.4This consistent non-appearance led the Tribunal to infer that the applicants had "lost interest in pursuing the matter further."
Source reference: p.4Based on this inference and the prolonged non-prosecution, the Tribunal determined that dismissal was warranted.
Source reference: no citationHolding
The Original Application was dismissed in default and for non-prosecution.
Any pending Miscellaneous Applications were also disposed of.
Source reference: p.4No order was made as to costs.
Source reference: p.4Original Court PDF
Harshit Kumar Sharma & Ors. v. Union of India & Anr. O.A. No.1336/2024
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