2009 INSC 1000
                                    SUPREME COURT OF INDIA

                                          Radha Kant Chowdhary

                                                      Vs.

                                     Heavy Engineering Corpn. Ltd.

                                           C.A.No.3468 of 2009

                                  (Tarun Chatterjee and H.L. Dattu JJ.)

                                                  04.05.2009

                                                   ORDER

1. Delay in filing special leave petition is condoned. Leave granted. This appeal is directed
against an order of the High Court dismissing the appeal filed by the appellant on the ground
of delay of 114 days. We have examined the application for condonation of delay in filing
the said appeal and we are of the view that the appellant has sufficiently made out a case for
condoning the delay. In that view of the matter, the impugned order is set aside and the
appeal being L.P.A. No.297 of 2004 is restored to its original number. We request the High
Court to dispose of the appeal on merits within a period of three months from the date of
supply of a copy of this order to it, without granting unnecessary adjourment to either of the
parties. It is made clear that we have not gone into the merits of the appeal at this stage.
Impugned order is set aside and the appeal is accordingly disposed of with no order as to
costs.

1  SpotLaw