Applicant sought condonation of delay of over 2,200 days to file cross-objection. The Court found the delay abnormal, citing prior engagement of counsel and passage of time, and dismissed the application.
Application for condonation of delay in filing cross-objection dismissed.
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1
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
CIVIL APPLICATION NO. 6412 OF 2009 IN FIRST APPEAL NO. 1004 OF 2002
Office Notes,Office MemorandaCourt's or Judge's orders
of Coram,appearances, Court's
orders or directions andCORAM : P.R. BORKAR,J.
Registrar's ordersDATED : 19.07.2010
1.Heard Adv. Shri U.S. Malte
for the applicants and Adv. Shri M.K.
Goyanka for the sole respondent.
2.This is an application for
condonation of delay of 2256 days in
filing cross-objection and to allow to
file cross-objection.
3.The facts giving rise to this
application are as below :-
.So far as application for the
delay is concerned, the present
applicants are original claimants, who
filed death claim for Rs. 5 lakhs and
compensation of Rs. 3,70,936/- was
allowed. Thereafter, the appeal was
filed by original respondent M.S.R.T.C.
2
The appeal came to be admitted on
12.12.2002, on which date the present
applicant/claimanthadengaged
advocate. It is also no more disputed
that in 2003, present respondent
M.S.R.T.C. Deposited 50% amount in the
Court and by order dated 12th March,
2003, 2/5th amount was allowed to be
released and remaining amount was
directed to be kept in fixed deposits.
4.After going through the
papers, I am not satisfied with the
reasons given for delay of 2256 days in
approaching this Court for filing the
Cross-objection. The advocate was
already engaged and the order of
admission of the appeal was passed long
back. There is abnormal delay, which
cannot be condoned as a matter of
course.
5.Intheresult,the
application stands dismissed.
[P.R. BORKAR, J.]
snk/2010/JUL10/ca6412.09
1 issue framed by the court
Whether delay of 2256 days in filing cross-objection can be condoned.
original claimants
M.S.R.T.C.
P.R. Borkar
As recorded by the court registry
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