Security Vs. Sheela Bai and Ors  Insc 297 (26 February 2008)
Chatterjee & Harjit Singh Bedi
O R D
E R SPECIAL LEAVE PETITION [C] NO.8263 OF 2007
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.
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
above conditions, the impugned order stands set aside.
appeal filed by the petitioner is restored to its original file.
petition for special leave is disposed of accordingly.