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2008 Supreme(SC) 348

TARUN CHATTERJEE & HARJIT SINGH BEDI
Sainik Security - PETITIONER
Versus
Sheela Bai and Ors - RESPONDENT
Special Leave Petition (civil) 8263 of 2007
Decided On : 26/02/2008

The main legal point established in the judgment is the interpretation and application of 'sufficient cause' for condonation of delay in filing an appeal.

Headnote:

Condonation of Delay - Appeal - The court allowed the application for condonation of delay in filing the appeal on the grounds of sufficient cause and directed the petitioner to pay costs to the respondents within a specified period.

Fact of the Case:

The petitioner filed a special leave petition against the dismissal of the application for condonation of delay in filing an appeal for a delay of 769 days.

Finding of the Court:

The court found that the facts stated in the application for condonation of delay constituted sufficient cause for condoning the delay in filing the appeal. The application was allowed on the condition of payment of costs to the respondents.

Issues: The main issue was whether there was sufficient cause for condoning the delay in filing the appeal.

Ratio Decidendi: The court held that the facts stated in the application for condonation of delay constituted sufficient cause for condoning the delay in filing the appeal.

Final Decision: The application for condonation of delay in filing the appeal was allowed on the condition of payment of costs to the respondents. The impugned order was set aside, and the appeal filed by the petitioner was restored to its original file.

JUDGMENT

1. 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.

2. We 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 rejected. On the above conditions, the impugned order stands set aside. The appeal filed by the petitioner is restored to its original file. The petition for special leave is disposed of accordingly.

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