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CASE NO.: Special Leave Petition (civil)  8263 of 2007

PETITIONER: Sainik Security

RESPONDENT: Sheela Bai and Ors

DATE OF JUDGMENT: 26/02/2008

BENCH: TARUN CHATTERJEE & HARJIT SINGH BEDI

JUDGMENT: JUDGMENT O R D E R

SPECIAL LEAVE PETITION [C] NO.8263 OF 2007

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 condonation 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 condonation 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  condonation 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 condonation  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 condonation 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.