Narayandasji Jagannathi Lahoti v. Union Of India, Through General Manager, Central Railway, Mumbai And 3 Others

2024:BHC-NAG:11958 1 18-CAO-1310-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 1310 OF 2024 IN MCA ST. NO. 20281 OF 2024 IN CROSS-OBJECTION (XOB) ST. NO. 5043 OF 2014 (RC NO. 316/14) IN FIRST APPEAL NO. 1289 OF 2013 NARAYANDASJI JAGANNATHJI LAHOTI THROUGH POWER OF ATTORNEY AJAY NARAYANDASJI LAHOTI Vrs.

UNION OF INDIA AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri P. S. Tembhare, Advocate for applicant/appellant. Ms. Neerja Chaubey, Advocate for respondent Nos.1 and 2. Shri M.A.Kadu, AGP for respondent Nos.3 and 4. CORAM: SANJAY A. DESHMUKH, J.

DATE : 22/10/2024.

1.

Issue notice to the respondents.

2.

Ms. Neerja Chaubey, learned advocate waives service of notice for respondent Nos.1 and 2. 3.

Shri M.A.Kadu, learned AGP waives service of notice for respondent Nos.3 and 4.

4.

This is an application for condonation of delay of 3055 days caused for filing application for restoration of cross-objection which was dismissed by order dated 29/04/2014.

5.

Perused the order passed by Registrar of this Court as well as consequential order passed by the Assistant Registrar.

2 18-CAO-1310-24.odt 6.

Learned advocate for the applicant pointed out the grounds stated in the application.

7.

Perused the application.

8.

Heard learned Advocates for both sides.

9.

Learned advocates for the respondents have strongly objected the application and submitted that delay is not properly explained. Therefore, they prayed to reject the application. Delay is not deliberately caused. The lis between the parties be decided on merit. Therefore, considering the reasons stated in the application, application deserves to be allowed, in the interest of justice.

10.

The application is allowed. Delay of 3055 days caused for filing the application for restoration of cross-objection is condoned.

11.

The application is disposed of.

MCA ST. NO. 20281 OF 2024 12.

This is an application for restoration of crossobjection. 13.

Perused the application.

14.

Heard learned Advocates for both sides.

15.

Considering the reasons stated in the application, application deserves to be allowed, in the interest of justice.

16.

The application is allowed.

17.

Cross-objection St.No.5043/2014 is restored subject to removal of office objections within three weeks.

3 18-CAO-1310-24.odt 18.

If the office objections are not removed within three weeks, application shall be deemed to be rejected. 19.

Application is disposed of.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 23/10/2024 14:57:18