2008 INSC 0591
                                    SUPREME COURT OF INDIA

                                               Sainik Security

                                                      Vs.

                                             Sheela Bai and Ors

                                      S.L.P.(Civil) No.8263 of 2007

                             (Tarun Chatterjee and Harjit Singh Bedi JJ.)

                                                 26.02.2008

                                                JUDGMENT

Tarun Chatterjee,J.

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 coadunation 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 coadunation 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 coadunation 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 condensation 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 coadunation 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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