Rajaram Naik v. Chowgule And Company Pvt. Ltd., Rep. By Itd Duly Const. Poa., Sudhir Y. Wakhale And 2 ORS

2025:BHC-GOA:1022 CRA 10 of 2025 Meena

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL REVISION APPLICATION NO.10 OF 2025 WITH FIRST APPEAL NO.93 OF 2023 CIVIL REVISION APPLICATION NO.10 OF 2025 IN FIRST APPEAL NO.93 OF 2023 RAJARAM NAIK ... APPLICANT

Versus

CHOWGULE AND COMPANY PVT. LTD., REP. BY ITD DULY CONST. POA., SUDHIR Y. WAKHALE AND 2 ORS ... RESPONDENTS WITH FIRST APPEAL NO.93 OF 2023 CHOWGULE AND COMPANY PRIVATE LIMITED REP BY POA SUDHIR Y.

WAKHALE ... APPELLANT

Versus

THE STATE OF GOA THR CHIEF SECRETARY AND 2 ORS ... RESPONDENTS Mr Vilas P. Thali with Mr Rajdeep Prabhudessai, Advocates for the Applicant.

Mr. S.D. Lotlikar, Senior Advocate with Mr. S. Polle, Advocate for the Respondents.

CORAM:- VALMIKI MENEZES, J.

DATED :- 25th June, 2025 P.C.:

1. Registry to waive the office objections and register the matter.

2. The objections raised are not in the nature of cross-objection to 25th June, 2025

CRA 10 of 2025 the decree but are in the nature of objections under Order 41 Rule 22 CPC. This need not be raised in writing and could be argued to upset the adverse findings given in the judgment, though the party supports the decree. In that view of the matter, the party could not be called upon the pay Court fees ad valorem based on the decree.

3. In the present case, in fact, objections are to the finding that the suit was barred by limitation, and the Respondent was seeking dismissal of the suit on that point in addition to the dismissal on the other point.

4. The Court fees need not be paid in light of the above discussion. The Registrar's order dated 04.04.2025 is therefore quashed and set aside. Let the First Appeal No. 93 of 2023 be added to the final hearing board commencing from 01.08.2025. The cross-objections be considered and need not be registered separately.

5. The revision application stands allowed. VALMIKI MENEZES, J.

Signed by: MEENA VISHAL BHOIR Designation: Private Secretary Date: 25/06/2025 17:38:02 25th June, 2025