IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5606  OF 2008 (Arising out of SLP (C) No. 16684 of 2008)

Union of India through General Manager, Western Railway, Mumbai & Anr.         ….Appellants

Versus

Fataji Chaturji & Ors.      …Respondents

O R D E R

1. Leave granted.   

2. This is an appeal filed at the instance of Union of

India against the Judgment and final order dated

29th of December, 2005 passed by the High Court

of  Gujarat  in  Civil  Application  Nos.  12992  to

13002 of 2005 with Letters Patent Appeal  Nos.

1446 to 1456 of 2005, by which the High Court

had refused to condone the delay of 148 days in

filing the Letters Patent Appeals.   

1

3. We have heard Mr. B. Dutta, learned Additional

Solicitor  General,  appearing  for  the  appellants

and Mr. Vimal Chandra S. Dave, learned counsel

appearing  for  the  respondents  and  considering

the facts and circumstances of the case and the

explanations  offered  by  the  appellants  in  their

application  for  condonation  of  delay,  we  are  of

the view that the delay in filing the LPAs must be

condoned and LPAs be restored to its original file.

Accordingly, we order the same.   

4. The High Court is therefore requested to dispose

of the LPAs on merits and in accordance with law

within a period of eight weeks from the date of

supply  of  a copy of  this order  to  it.   It  is  also

made  clear  that  at  the  time  of  hearing  of  the

LPAs, it would be open to the parties to question

the  maintainability  of  the  appeal  before  the

Division  Bench,  which shall  also  be  taken into

consideration at the time of such disposal.   

2

5. Accordingly,  the  impugned  orders  of  the  High

Court are set aside.  The appeal is thus allowed

to the extent indicated above.  There will be no

order as to costs.                    

    ……………………….J.       [Tarun Chatterjee]

New Delhi;      ………………………J. September 11, 2008. [Aftab Alam]

3