IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

INTERLOCUTORY APPLICATION NO.1 OF 2008 IN  

CIVIL APPEAL NO.497 OF 2009 (Arising out OF SLP(C)No.15389 of 2008)

BATA INDIA LTD.                ....Appellant                                  

                     VERSUS

STATE OF UTTRAKHAND & ANR.                       ...Respondents

O R D E R

Leave granted.

This appeal is directed against the judgment and final order dated 22.5.2008 passed by

the High Court of Uttarakhand at Nainital in Delay Condonation App.No.1854 of 2008 in Writ

Petition No.1013 of 2002.

Having heard learned counsel for the parties and the materials on record and considering

the averments made in the application for condonation of delay, we are of the view that the

appellant  has  made  out  sufficient  cause  for  condonation  of  delay  in  filing  the  application.

Accordingly,  the impugned order is set aside and the Writ Petition is restored to its original

number.  The High Court is requested to dispose of the Writ Petition at an early date preferably

within three months from the date of communication of this order to it. The appeal is accordingly

allowed to the extent indicated above.  There will be no order as to costs.

In view of the order passed in the appeal hereinabove, the application for vacating stay

has become infructuous and the same is accordingly disposed of.

........................J. (TARUN CHATTERJEE)         

........................J. (H.L. DATTU)               

NEW DELHI, JANUARY 27, 2009.