Supreme Court of India
Sainik Security vs Sheela Bai And Ors on 26 February, 2008
Equivalent citations: AIR 2008 SUPREME COURT 1688, 2008 AIR SCW 1948, 2008 (3) SRJ 32, (2008) 65 ALLINDCAS 198 (SC), 2008 (2) ALL WC 1302.1, 2008 (3) SCC 257, 2008 (3) SCALE 85, 2008 (2) HRR 380, (2009) 1 CIVILCOURTC 197, (2008) 3 PUN LR 633, (2008) 2 RENCR 441, (2008) 4 RECCIVR 808, (2009) 1 ICC 288, (2008) 3 SCALE 85, (2008) 71 ALL LR 302, (2008) 3 ALL RENTCAS 124, (2008) 2 ALL WC 1302(1), (2008) 4 SCT 452
Bench: Tarun Chatterjee, Harjit Singh Bedi
CASE NO.: Special Leave Petition (civil) 8263 of 2007 PETITIONER: Sainik Security RESPONDENT: Sheela Bai and Ors DATE OF JUDGMENT: 26/02/2008 BENCH: TARUN CHATTERJEE & HARJIT SINGH BEDI JUDGMENT:
JUDGMENT O R D E R SPECIAL LEAVE PETITION [C] NO.8263 OF 2007
1. This special leave petition is filed against the final judgment and order dated 22nd of January, 2007 passed by the High Court of Judicature at Madhya Pradesh, Jabalpur Bench at Gwalior, in Miscellaneous Appeal No.784 of 2006, whereby the High Court had dismissed the application for condonation of delay in filing an appeal for a delay of 769 days.
2. We have heard the learned counsel for the parties and have also examined the impugned order as well as the application for condonation of delay in filing the appeal by the petitioner. After hearing the learned counsel for the parties and going through the averments made in the application for condonation of delay, we are of the view that the facts stated in the said application do constitute sufficient cause for condoning the delay in filing the appeal. The application for condonation of delay in filing the appeal is allowed on payment of costs of Rs.10,000/- to the respondents within a period of three months from the date of communication of this order. In the event, the cost of Rs.10,000/- is not paid or deposited within the time specified above, the impugned order shall stand confirmed and the application for condonation of delay shall stand rejected. On the above conditions, the impugned order stands set aside. The appeal filed by the petitioner is restored to its original file. The petition for special leave is disposed of accordingly.