Radha Kant Chowdhary
Vs. M/S.Heavy Engineering Corp.Ltd.  INSC 935 (4 May 2009)
JURISDICTION CIVIL APPEAL NO.3468 OF 2009 (arising out of SPECIAL LEAVE
PETITION (C) NO.13630 OF 2008) RADHA KANT CHOWDHARY ....APPELLANT VERSUS ORDER
Delay in filing special leave petition is condoned.
This appeal is directed
against an order of the High Court dismissing the appeal filed by the appellant
on the ground of delay of 114 days. We have examined the application for
condonation of delay in filing the said appeal and we are of the view that the
appellant has sufficiently made out a case for condoning the delay.
In that view of the
matter, the impugned order is set aside and the appeal being L.P.A. No.297 of
2004 is restored to its original number. We request the High Court to dispose
of the appeal on merits within a period of three months from the date of supply
of a copy of this order to it, without granting unnecessary adjourment to
either of the parties. It is made clear that we have not gone into the merits
of the appeal at this stage.
Impugned order is set
aside and the appeal is accordingly disposed of with no order as to costs.