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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.
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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
Division Bench, which shall also be taken into
consideration at the time of such disposal.
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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]
New Delhi; ………………………J.
September 11, 2008. [Aftab Alam]