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TMI Blog1994 (6) TMI 109X X X X Extracts X X X X X X X X Extracts X X X X ..... oes not object to the oral request of the learned Advocate. After hearing both sides, in the interest of justice, we treat this application as an application for recalling of the order passed by the Tribunal. Shri V. Laxmi Kumaran, learned Advocate pleaded that there is no wilful negligence or ommission on the part of the appellant. Shri V. Laxmi Kumaran pleaded that earlier the matter was handled by M/s. Narman Associates, Madras. He pleaded that earlier Counsel instead of sending the papers to Shri V. Lakshmi Kumaran, sent the same to the appellants by mistake and as such the papers could not be presented on that date and as such the appellants were prevented by sufficient cause for non-prosecution. Shri Somesh Arora, learned JDR does not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... justice must be commensurate with the gravity of the lapse. If the penalty imposed is disproportionate to the gravity of the lapse of omission, the procedural stage instead of becoming a step in aid of justice would be a road block to justice. 10. Keeping in vies this proposition of law as laid down by Hon ble Supreme Court, we have to find out whether this lapse on the part of the Department/appellant warrants such a penal action like dismissing its Appeal for non-compliance of the order of the Tribunal in not producing the paper-books in time. 11. A perusal of the record shows that though the Department/applicant is negligent and careless in not obeying the order of the court inasmuch as the letter written by the Departmental repre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut penalty of failure to comply with Court s order providing a procedural stage in aid of justice must be commensurate with the gravity of the lapse. If the penalty imposed is disproportionate to the gravity of the lapse or omission, the procedural stage instead of becoming a step in aid of justice would be a road block to justice and at this stage if would be advantageous to recall what this Court said in Sangram Singh v. Election Tribunal, Kotah, (1955) 2 SCR 1 at P. 28 : (AIR 1955 SC 425 at p. 429). It read as under : Now a Code of Procedure must be regarded as such. It is procedure,. something designed to facilitate justice and further its ends; not a penal enactment for punishment and penalties not a thing designed to trip people up ..... X X X X Extracts X X X X X X X X Extracts X X X X
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