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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE MADHAV J. JAMDAR
M/s. Amar Builders A Proprietory Firm Through Its Proprietor – Appellant
Versus
Champalal Indraraj Sand Alias Rahtekar – Respondent
JUDGMENT :
MADHAV J. JAMDAR, J.
1. Heard Mr. Khaladkar, learned Counsel appearing for the Petitioner and Mr. Kanetkar, learned Counsel appearing for the Respondents.
2. By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the legality and validity of the order dated 4th August 2018 passed by the learned District Judge-5, Pune below Exhibit-54 in Civil Appeal No.9 of 2009. By the impugned order, Application filed for condonation of delay in preferring cross-objection in said Civil Appeal No.9 of 2009 has been dismissed.
3. Mr. Khaladkar, learned Counsel appearing for the Petitioner raised the following contentions:
i. Although apparently the delay is of 8 years, 8 months and 5 days, in fact, there is no delay as the Appeal was never taken up for hearing and for about 6 years the hearing of the said Appeal was stayed.
ii. The Appeal has been filed on 20th December 2008 and along with the Appeal itself amendment Application bearing Exhibits-8 and 9 have been filed by the present Respondents (Appellants/Defendants) seeking amendment in the plaint as well as in the written statement to the counterclaim. Said Amendment Applications were allowed
The court affirmed that the Appellate Court has broad discretion to condone delays in filing cross-objections, especially when justified by unique circumstances such as prolonged stays and the death ....
Delay in filing a Cross Objection can be condoned under Section 5 of the Limitation Act if the applicant provides sufficient cause demonstrating bona fide reasons for the delay.
Cross-objections are maintainable in appeals to the High Court from Tribunals despite lack of specific statutory provision.
Cross objections in civil appeals must be filed within the 30-day limit set by Order 41, Rule 22 CPC; failure to do so, without valid reasons, renders them inadmissible.
Delay in filing an appeal under the IBC cannot be excused based on lack of knowledge regarding the proceedings; Limitation must be strictly construed.
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