Jharkhand High Court
Divisional Manager vs Loknath Lenka And Another on 10 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 307 of 2018
......
Divisional Manager, The National Insurance Company Ltd. ...... Appellant
Versus
Loknath Lenka and Another . .......Respondents
With
M.A. No. 125 of 2019
......
Loknath Lenka ...... Appellant
Versus
Divisional Manager, The National Insurance Company Ltd. & Anr.. .......Respondents
With
C.O. No.29 of 2021
America Prasad Sahu ...... Cross Objector
Versus
Loknath Lenka & Anr. . .......Respondents
.....
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
......
For the Appellant(s) : Mr. Pratyush Kumar, Advocate
(In M.A. No.307/2018)
: Mr. Nikhil Ranjan, Advocate
(In M.A. No.125/2019)
Mr. Arvind Kumar Lall, Advocate
(In C.O. No.29/2021)
For the Respondent(s) : Mr. Arvind Kumar Lall, Advocate
(In M.A. Nos.307/2018 & 125/2019)
: Mr. Pratyush Kumar, Advocate
(In M.A. No.125/2019 & C.O. No.29/2021)
Mr. Nikhil Ranjan, Advocate
(In M.A. No.307/2018)
-----
The matters are being taken up through Video Conferencing. Learned counsel for the parties have no objection with it and
submitted that audio and video qualities are good.
20/ Dated: 10/05/2023
Learned counsel, Mr. Arvind Kumar Lall has submitted, that a report has
been called for from the Joint Registrar (Judicial) that in cross-objection whether
the limitation will apply or not? As the date of hearing has not been fixed, it
should not be from the date of appearance rather it should be from the date of
hearing fixed communicated to the respondents.
Learned counsel for the appellant/Insurance Company, Mr. Pratyush
Kumar has submitted, that this issue is no more res integra in view of the fact
that the notice, which is being issued from the Hon'ble Court in the proforma of
the notice, date of hearing with time at 10.30 A.M. are mentioned, which clarifies
that date of hearing is already communicated to the respondents, who has right to
file cross-objection within 30 days of his appearance.
Learned counsel for the appellant/Insurance Company, Mr. Pratyush
Kumar has relied upon the judgment passed by the Hon'ble Supreme Court in the
case of Mahadev Gobind Gharge and others vs. Special Land Acquisition
Officer, reported in 2011 (6) SCC 321 at paras 39 to 63 to clarify that if the cross-
objection has been filed with a great delay, the condonation application is
required. It has been further submitted that two weeks time may be granted to file
a detail counter-affidavit in this issue.
It has been further submitted that in the present case, the office has not
pointed out such defect(s) and there is no application for condonation of delay
filed by the cross-objector till date, as such, the cross-objection is fit to be
dismissed.
On joint prayer of both the parties, let these matters be listed on
22.06.2023.
In the meantime, the learned counsel for the appellant/Insurance Company,
Mr. Pratyush Kumar is at liberty to file detail counter-affidavit and serve copy
upon learned counsel, Mr. Arvind Kumar Lall appearing for owner of the
offending vehicle, America Prasad Sahu. Learned counsel, Mr. Arvind Kumar
Lall appearing for offending vehicle may also file reply.
(Kailash Prasad Deo, J.)
R.S./
