JUDGMENT :

JITENDRA JAIN, J.

1. Affidavit-in-reply dated 13 July 2026 by the appellant opposing the cross-objection is taken on record.

2. The first appeal had come up for final hearing on 9 June 2026. The Learned counsel for the Appellant- BEST Undertaking sought time to take instructions from the appellant whether to withdraw the appeal. The matter was therefore, adjourned to 23 June 2026. Meanwhile, the original claimants/ respondents on 12 June, 2026 filed cross objection for enhancement.

3. In the cross objection, the claimants have stated that the first appeal was admitted on 31 March, 2023 and notified for final hearing on 23 June 2026 and therefore cross objection having been filed on 12 June 2026 is within the period of limitation.

4. The appellant-BEST Undertaking has opposed the cross objection having been filed within time and has filed a reply in which it is stated that when the appeal was admitted on 18 April 2012, the claimants were represented by an advocate and therefore, they had full knowledge that their matter will be taken up for final hearing after admission. She further submitted that there is no reason given as to why the cross objection was not filed within 30 days from the date of admission and further in the absence of any application for extension of time to file cross objection from the said date or an application for condoning the delay, the cross objection is not maintainable. She further submitted that appellant are ready to withdraw if this Court dismisses cross-objection on limitation.

5. I have heard learned counsel for the appellant-BEST Undertaking and the original claimants.

6. The first appeal was filed by BEST-Undertaking on 20 January 2012.

7. On 9 February 2012 delay in filing the appeal by the appellant BEST Undertaking was condoned and the order of the Tribunal was stayed subject to the deposit of the compensation. On this day there is no appearance shown on behalf of the claimants-respondents.

8. On 22 February 2012, respondents-claimants entered their appearance by filing Vakalatnama of the advocate Mr. T. J. Mendon. On 18 April 2012, when the appeal was admitted claimants were represented by advocate Shri T J Mendon. It is noted therein that the delay is condoned vide order dated 9 February 2012, but certification of stay is awaited.

9. On 18 April 2012, this court admitted the first appeal after hearing the appellant-BEST and advocate Mr. T J. Mendon for respondent Nos.1 to 3. Mr. Mendon filed his Vakalatnama before the admission of the appeal as per the office noting dated 28 September 2022 i.e. on 22 February 2012. On 12 November 2022, the matter was listed before Lok Adalat, wherein the appellant and respondents were represented by their respective advocates. On 11 February 2023, again the matter appeared before Lok Adalat and both the parties were represented by their advocates. Similarly, on 9 September 2023, the matter appeared before Lok Adalat and the advocates for both the parties were present. On 9 September 2023, the panel of Lok Adalat directed that the matter be listed before the regular court.

10. Thereafter on 9 June 2026, the matter was listed for final hearing since it was already admitted but it was adjourned to 23 June 2026 to enable learned counsel for the appellant BEST to take instructions, whether to pursue the appeal or withdraw the appeal.

11. Meanwhile on 12 of June 2026, the cross objection was filed. Learned counsel for the appellant BEST today prays on instructions from her client, that the appeal may be permitted to be withdrawn subject to dismissal of cross-objection. Said prayer is accepted, appeal is permitted to be withdrawn since for the reasons stated hereinafter cross-objection is dismissed.

12. Refund of court fees as per Rules. Statutory deposit of Rs.25000/- to be transferred to the concerned tribunal and the parties are at liberty to make an application for refund of the same.

13. Appeal is disposed of as withdrawn.

14. Now, I propose to analyse maintain