Sanjay Kumar S/O Mahendra Kumar Jain v. Western Coalfields Ltd., Nagpur (To Be Server Through Chief General Manager, Chandrapur )

913 cas 1393-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAS) NO. 1393/2023 IN SECOND APPEAL STAMP NO. 17390/2023 Sanjay Kumar S/o Mahendra Kumar Jain Vs.

Western Coalfields Ltd., Nagpur - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - Shri R.D. Dandawate, Advocate h/f Shri M.P. Khajanchi, Advocate for appellant CORAM : SMT. M.S. JAWALKAR, J.

DATE : 05/12/2023 Present application is filed for condonation of delay in filing second appeal. For the reasons stated in paragraph Nos. 2 and 3, I am satisfied that there is no intentional or deliberate delay. Delay has been caused for justifiable reasons. As such, application is allowed. 2.

Delay in filing second appeal is hereby condoned.

3.

Registry is directed to register second appeal. Jayashree..

913 cas 1393-2023.odt SECOND APPEAL STAMP NO.17390/2023 Issue notice to the respondent, returnable within three weeks on following substantial question of law :

"(i) Does not the doctrine of contra proferentem referred to by the Apex Court in the case of Rashtriya Ispat Nigam Limited Vs. Dewan Chand Ram Saran reported in 2012 (5) SCC 306, 2012 AIR (SC) 2829 holding that in the event of ambiguity in the terms of contract, the interpretation against the party drafting a contract prevails and therefore Condition No.10 prevails over Condition No.15?"

(SMT. M.S. JAWALKAR, J.) Jayashree..