28 March 2008
Supreme Court
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STATE OF MANIPUR Vs TH. SAMSON SINGH .

Case number: C.A. No.-002230-002230 / 2008
Diary number: 28319 / 2006


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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.