Union of India
Th.G.M.,Western Rly.& ANR. Vs. Fataji Chaturji & Ors. [2008] INSC 1548
(11 September 2008)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5606 OF 2008 (Arising
out of SLP (C) No. 16684 of 2008) Union of India through General Manager,
Western Railway, Mumbai & Anr. ....Appellants Versus Fataji Chaturji &
Ors. ...Respondents
ORDER
1.
Leave
granted.
2.
This
is an appeal filed at the instance of Union of India against the Judgment and
final order dated 29th of December, 2005 passed by the High Court of Gujarat in
Civil Application Nos. 12992 to 13002 of 2005 with Letters Patent Appeal Nos.
1446 to 1456 of 2005, by which the High Court had refused to condone the delay
of 148 days in filing the Letters Patent Appeals.
3.
We
have heard Mr. B. Dutta, learned Additional Solicitor General, appearing for
the appellants and Mr. Vimal Chandra S. Dave, learned counsel appearing for the
respondents and considering the facts and circumstances of the case and the
explanations offered by the appellants in their application for condonation of
delay, we are of the view that the delay in filing the LPAs must be condoned
and LPAs be restored to its original file. Accordingly, we order the same.
4.
The
High Court is therefore requested to dispose of the LPAs on merits and in
accordance with law within a period of eight weeks from the date of supply of a
copy of this order to it. It is also made clear that at the time of hearing of
the LPAs, it would be open to the parties to question the maintainability of
the appeal before the 3 Division Bench, which shall also be taken into
consideration at the time of such disposal.
5.
Accordingly,
the impugned orders of the High Court are set aside. The appeal is thus allowed
to the extent indicated above.
There will be no
order as to costs.
............................J.
[Tarun Chatterjee]
...
........................J.
New
Delhi;
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