Tribunal record prevails over later explanation as non-compliance with service directions justifies dismissal for non-prosecution.

Non-compliance with a tribunal direction to serve notice by dasti can justify dismissal for non-prosecution, and a recorded statement of what transpired in court is ordinarily accepted as accurate. The NCLAT held that the appellant's attempt to explain away the recorded proceedings was not persuasive, and an earlier affidavit of service did not assist because the dismissal followed a later order requiring fresh compliance. The dismissal of the Section 10 application was upheld, and no interference was called for.

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Issues: Whether dismissal of the Section 10 application for non-prosecution and non-compliance with the direction to serve notice by dasti called for interference.

Analysis: The application had been dismissed after the applicant failed to comply with the direction to effect service by dasti. The appellant's attempt to explain the recorded statement made before the Tribunal was rejected, as what is recorded by the Court must ordinarily be accepted as correctly reflecting what transpired. The earlier affidavit of service was held to be of no assistance because the impugned dismissal followed a subsequent order requiring fresh compliance.

Conclusion: The dismissal of the Section 10 application was upheld and no interference was called for.

Ratio Decidendi: A tribunal's recorded statement of what transpired in court is ordinarily conclusive, and non-compliance with a direction to serve notice can justify dismissal for non-prosecution.

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