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2006 Supreme(UK) 419

RAJEEV GUPTA, J.C.S.RAWAT
State of Uttaranchal and others – Appellant
Versus
Gabar Singh Rawat – Respondent


Advocates Appeared:
Sri J.P. Joshi, Addl. Chief Standing Counsel for the appellants:
Km. Indu Sharma, Advocate on behalf of Sri Sharad Sharma, Advocate for the respondent.

Judgment

Rajeev Gupta, C.J.

Sri J.P. Joshi, Additional Chief Standing Counsel for the appellants.

Km. Indu Sharma, Advocate on behalf of Sri Sharad Sharma, Advocate for the respondent. They are heard on CLMA No. 7368 of 2006 - a petition for condonation of the delay in filing the appeal.

2. The Special Appeal filed by the appellants against the order dated 09-03-2006 passed by the learned Single Judge in Writ Petition No. 757 (S/S) of 2004 is reported to be time barred by 81 days.

3. Sri J.P. Joshi, the learned counsel for the appellants, submits that in view of the grounds taken by the appellants in their affidavit filed in support of the Delay Condonation Application, the delay in filing the appeal deserves to be condoned.

4. Km. lndu Sharma, the learned counsel for the respondent, oh the other hand, vehemently argued that the appellants have miserably failed in explaining the delay in filing the appeal.

5. The respondent, in spite of grant of opportunity in that behalf vide order dated 216-2006, has not filed any objection to the Delay Condonation Application, though a period of more than one month has elapsed since the passing of the order dated 21-06-2006.

6. On due consideration of













































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