Full Judgment Text
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CASE NO.:
Appeal (civil) 2230 of 2008
PETITIONER:
State of Manipur & Anr
RESPONDENT:
Th. Samson Singh & Ors
DATE OF JUDGMENT: 28/03/2008
BENCH:
TARUN CHATTERJEE & HARJIT SINGH BEDI
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO.2230 OF 2008
(arising out of SLP(C)NO.18740/2006)
Leave granted.
In spite of due service, none appears on behalf of the respondents
to contest this appeal.
This is an appeal filed against an order dated 28.9.2006 passed by
the Gauhati High Court, Imphal Bench in Writ Appeal No.321/2006, by which the
writ appeal was dismissed as the application for condonation of delay was not
accepted.
Having heard Mr. Raju Ramachandran, learned senior counsel
appearing for the appellants, and after going through the averments made in the
application for condonation of delay and considering the facts that the appellants have
complied with the order passed by this Court on 24th November, 2006, by which this
Court had directed the appellants to deposit a sum of Rs.3,00,000/- (Rupees Three
Lakhs only) within a period of one month, we are of the view that the delay in filing
the Writ Appeal should be
Contd...2/-
::2::
condoned and the Writ Appeal should be restored to its original number. The High
Court is now directed to dispose of the writ appeal on merits and in accordance with
law within a period of three months from the date of supply of a copy of this order,
without granting any unnecessary adjournment to either of the parties.
We are informed that the aforesaid amount has been kept by
Registry of this Court in an interest bearing Fixed Deposit account in a Nationalised
Bank. The Registry of this Court is directed to transfer the amount to the High
Court, which will also in turn invest the amount in the manner directed by this Court.
The impugned order is thus set aside.
The appeal is allowed accordingly. There will be no order as to
costs.