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2010 DIGILAW 752 (RAJ)

R. S. R. T. C. v. Sunita

2010-04-05

DALIP SINGH

body2010
Hon'ble SINGH, J.—The matter comes up on the application No.8052 dated 30.03.2010 filed by the counsel for the respondents-cross objectors who has preferred the present cross objections in S.B. Civil Misc. Appeal No.3859/2006. 2. In the application it has been prayed by the respondents that the respondents have already taken the benefit of the award passed in their favour by the Motor Accident Claims Tribunal and hence, they do not wish to press the present cross objections and, therefore, they may be permitted to withdraw the present cross objections. 3. When the matter came up before the court on 19.03.2010, it was observed by the court that the Civil Misc. Appeal in which the cross objections have been filed i.e. S.B.Civil Misc. Appeal No.3859/2006 had been decided by this court vide judgment dated 21.01.2009 whereas the present cross objections came to be listed before the court thereafter on 10.08.2009. It was noticed by the court that cross objections though filed earlier ought to have been shown in the cause list along with the main appeal. 4. In view of the above since the respondents do not wish to press their cross objections and have filed the present application No.8052 for withdrawal of the same, I deem it just and proper, while allowing the application No.8052 dated 30.03.2010 filed by the respondents for dismissal of the cross objection as withdrawn more particularly in view of the fact that judgment in the main appeal which was decided on 21.01.2009 has become final as it was submitted by both the learned counsel for the parties that no appeal against the said judgment has been filed by any of the parties and they are satisfied with the judgment, to recall the order dated 19.03.2010 for conducting an inquiry and taking consequential action as directed by this court. 5. Consequently, the application No.8052 dated 30.03.2010 stands allowed and the cross objections filed by the respondents stand disposed of as not pressed. 6. In view of the fact that the order dated 19.03.2010 has itself been recalled today, the Deputy Registrar (Judicial)/Registry is directed not to take any further action in the matter.