Bombay High Court
JAMES @ SONU SUDHAKAR RAMEILIYAversusUNION OF INDIA THROUGH THE G M
- Decided
- Disposal
- Disposed Off
Holding
The writ petitions are disposed of as infructuous.
Summary
The petitioners in two writ petitions were absent when the matters were called, and their counsel was also absent on the earlier listing date. The respondent's counsel submitted that the amount ordered by the Railway Claims Tribunal to be paid to the petitioners had already been deposited with the Tribunal. Based on this submission, the court held that the writ petitions were infructuous and ordered them disposed. The court clarified that this order does not preclude the petitioners from filing an application before the Tribunal to withdraw the deposited amount. No substantive legal issues were adjudicated beyond procedural disposition.
Issues considered
- What is the appropriate disposition of a writ petition when the petitioners are absent and the relief sought has already been effected?
Subjects
- writ petition
- procedural default
- infructuous
- Railway Claims Tribunal
- withdrawal of amount
- court disposition
Judgment
06-WP-16541-2024.DOC
Rekha Patil
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 16541 OF 2024
James @ Sonu Sudhakar Rameiliya …Petitioner
Versus
Union of India and Ors. …Respondents
WITH
WRIT PETITION NO. 19526 OF 2024
Babu Govind Mahadik And Anr. …Petitioners
Versus
Union of India and Ors. …Respondent
None for the Petitioners in both the Petitions.
Mr. Surekh Kumar, for the Respondent.
CORAM: SUMAN SHYAM &
ADVAIT M. SETHNA, JJ.
DATED: 24th AUGUST, 2026.
PC:-
1. The Petitioners in both the Writ Petitions are absent when
the matters were called out. The Petitioners’ Counsel was absent
even on the earlier date i.e. on 27th June, 2026, when the Writ
Petitions were listed.
2. Mr. Suresh Kumar, learned Counsel appearing for the
Respondents has submitted that the amount which was directed to
be paid to the Petitioners by the learned Railway Claims Tribunal
has already been deposited before the Tribunal. Therefore, the
REKHA Petitioners can make an application to withdraw the amount.
PRAKASH
PATIL
Digitally signed by
REKHA PRAKASH
PATIL
Date: 2026.08.25
11:22:16 +0530
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06-WP-16541-2024.DOC
3. In view of the submissions made by the learned Counsel for
the Respondent, both the Writ Petitions stand disposed of as
infructuous.
4. We make it clear that this order would not come in the way
of the Petitioner(s) to make an application before the learned
Tribunal for withdrawal of amount, in accordance with law.
(ADVAIT M. SETHNA, J.) (SUMAN SHYAM, J.)
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