G. Raja and ors. Vs. Syndicate Bank and ors. - Court Judgment

Excerpt:

- motor vehicles act, 1988[c.a.no.59/1988] section 166; [v. jagannathan, j] award of compensation appeal against case of murder projected as if it was a case of road accident held, a careful examination of the evidence given by the parties before the mact raises a doubt in ones mind, namely; that a case of murder has been sought to be converted to one of road accident only to enable the claimants to get compensation from the tribunal. further it is clear case of fraud being played on the court. hence award was set aside and the amount in deposit was ordered to be refunded to the appellant. - petitions fail and the same are dismissed......order dated 22-10-2008. the same also came to be dismissed by the impugned order dated 8th july, 2009. thereafter the matter is posted for judgment. when facts stood thus, the petitioners herein filed another application to recall the order dated 11-11-2008, by which, the matter was posted for pronouncement of judgment. the said application came to be dismissed by the order annexure-b.3. when the matter is posted for pronouncement of judgment, the petitioners cannot seek leave of the trial court by praying permission to cross-examine the witnesses of the opposite site. as could be seen from the impugned orders, sufficient opportunities are granted to the petitioners. inspite of the same, they were not diligent in prosecuting the matter. having regard to the totality of the facts and circumstances of the case, the tribunal is justified in observing that the applications are being filed by the petitioners just to drag on the proceedings. since the matter is already posted for judgment, this court refuses to direct the trial court to reopen the matter by permitting the petitioners to cross-examine the witnesses of the applicants. petitions fail and the same are dismissed.

Judgment:

ORDER

Mohan Shantanagoudar, J.

1. The orders at Annexures-A and B, dated 8th July, 2009 are called in question in these writ petitions. By filing two applications, defendants 5 to 7 i.e., the petitioners herein prayed for recalling the orders dated 22-10-2008 and 11-11-2008.

2. The original application is filed in the year 1998 by respondent 1-Bank for recovery of certain amounts of money from the petitioners and others. Matter is still pending since then till this day. After about 10 years of the trial, the petitioners herein had filed applications praying for permission to cross-examine the witnesses for the applicants. Said applications praying for cross-examination are dismissed. However, the petitioners continued to file applications after applications. Ultimately, the order dated 22-10-2008 is passed by the Debts Recovery Tribunal-Karnataka, Bangalore, refusing permission to cross-examine the witnesses of the applicants. Subsequently, one more application is filed to recall the order dated 22-10-2008. The same also came to be dismissed by the impugned order dated 8th July, 2009. Thereafter the matter is posted for judgment. When facts stood thus, the petitioners herein filed another application to recall the order dated 11-11-2008, by which, the matter was posted for pronouncement of judgment. The said application came to be dismissed by the order Annexure-B.

3. When the matter is posted for pronouncement of judgment, the petitioners cannot seek leave of the Trial Court by praying permission to cross-examine the witnesses of the opposite site. As could be seen from the impugned orders, sufficient opportunities are granted to the petitioners. Inspite of the same, they were not diligent in prosecuting the matter. Having regard to the totality of the facts and circumstances of the case, the Tribunal is justified in observing that the applications are being filed by the petitioners just to drag on the proceedings. Since the matter is already posted for judgment, this Court refuses to direct the Trial Court to reopen the matter by permitting the petitioners to cross-examine the witnesses of the applicants. Petitions fail and the same are dismissed.