Bombay High CourtCAO/1415/2016ca disposed off

Union Of India, Ministry Of Railways, Thr. Dy. Chief Engineer, Consturction And Development v. Gulabrao S/O Vithobaji Gid And Another

2016-08-22Hon'Ble Shri Justice Z.A. Haq3 pages

1 cao1415.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.1415 OF 2016 IN CROSS APPEAL ST. NO. 9288 OF 2016 IN FIRST APPEAL NO.709 OF 2013 (UNION OF INDIA & OTH...VS..GULABRAO VITHOBAJI GID & & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Z.S.Shikhani,adv.h/f. Shri R.G.Agrawal, Adv.for appellant. Shri K.S.Narwade, advocate for respondent No.1/Cross-Objector. Shri M.A.Kadu, A.G.P. for respondent No.2.

CORAM : Z.A.HAQ, J.

DATED : AUGUST 22, 2016.

Shri Z.S.Shikhani, advocate holding for Shri R.G.Agrawal, advocate for the appellant opposes the application.

One of the argument on behalf of the appellant is that if the delay is condoned an undertaking be taken from the respondents/ cross-objectors that they will not claim interest for the period of 638 days i.e. the period of delay in filing the cross-objection.

Accepting the reasons stated in the application and keeping open the point of entitlement of the respondents / cross-objectors regarding interest for the period of 638 days, the delay in filing the cross-objection is condoned.

The civil application is allowed.

2 cao1415.16 CROSS OBJECTION ST.NO.3488/2015.

ADMIT.

Shri Z.S.Shikhani, advocate holding for Shri R.G.Agrawal, advocate waives notice for the respondent No.1 and Ms S.Z.Haider, A.G.P. waives notice for the respondent No. 2.

The memorandum of cross-objection be included in the private paper book.

JUDGE RRaut..

3 cao1415.16 CERTIFICATE I certify that this order uploaded is a true and correct copy of original signed order.

Uploaded by : R.B. Raut, PS Uploaded on : 24/08/2016.