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2019 Supreme(SC) 1636
SUPREME COURT OF INDIA
Uday Umesh Lalit, Indu Malhotra, JJ.
Kalpana Banik & Ors. - Appellants
Versus
Swapan Kumar Paul & Ors. - Respondents
Civil Appeal No. 1248 of 2019; Special Leave Petition (Civil) No. 36359 of 2017
Decided On : 28-01-2019
Ranjan Mukherjee, Adv., S. Bhowmick, Adv., Mayank Pandey, Adv.
The court has the discretion to condone delay in filing an application for restoration, subject to certain terms, in order to ensure the ends of justice are met.
Headnote:
Delay Condoned - Restoration Application - The appellants are directed to deposit a sum of Rs.1,50,000/- with the Registrar of Tripura High Court within two weeks from today. Upon deposit, the matter shall be restored to the file and the High Court is requested to dispose of the matter expeditiously.
Fact of the Case:
The High Court refused to condone a delay of 334 days in filing an application for restoration.
Finding of the Court:
The appellants are entitled to have one chance and the matter ought to have been heard on merits. However, the lapse on part of the appellants would not be condoned unless they are put to certain terms.
Issues: Delay in filing application for restoration, entitlement of appellants to have one chance, and terms for condoning the lapse.
Ratio Decidendi: The appellants are directed to deposit a sum of Rs.1,50,000/- with the Registrar of Tripura High Court within two weeks from today. Upon deposit, the matter shall be restored to the file and the High Court is requested to dispose of the matter expeditiously.
Final Decision: The appeal is disposed of, and pending applications, if any, also stand disposed of.
ORDER
1. Delay condoned.
2. Leave granted.
3. In the present matter, the High Court has refused to condone delay of 334 days in filing application for restoration.
4. In our view, the appellants are entitled to have one chance and the matter ought to have been heard on merits. However, the lapse on part of the appellants would not be condoned unless they are put to certain terms.
5. After having heard learned counsel, in our view, ends of justice would be met, if the appellants are directed to deposit a sum of Rs.1,50,000/- (Rupees one lakh and fifty thousand only) with the Registrar of Tripura High Court within two weeks from today.
6. Upon deposit of such sum within the stipulated time, the said sum shall be made over to the present respondents upon sufficient proof of identification and RSA No.6 of 2006 shall stand restored to the file. We request the High Court of Tripura and Agartala to dispose of the said RSA No.6 of 2006 as expeditiously as possible, preferably within three months from the receipt of the order.
7. We make it clear that if the amount is not deposited within the stipulated time, no benefit under this order shall accrue to the appellants and the order dated 23.11.2016 passed by the High Court shall remain unchanged.
8. The appeal is disposed of.
9. Pending applications, if any, also stand disposed of.
