2008 (12) TMI 447 - SC - Indian Laws

Rejection of appeal on ground of delay - Held that - Appeal allowed. Delay in filing the writ petition having been sufficiently explained in the writ petition, we are of the view that the delay may not be taken to be a ground for rejection of the writ application simply for two reasons. First, the writ petition was entertained initially by the High Court and then subsequently it was rejected only on the ground of delay. Secondly, as we have already noted the delay in filing the writ application has been sufficiently explained by the appellant - such restoration of the writ petition to be heard on merits would be subject to payment of costs of Rs. 10,000/- to the respondents which shall be paid by the appellant

Summary

The Supreme 2008 Supreme Court of India judgment involves an appeal against a High Court order rejecting a writ petition based solely on delay. The Supreme Court granted leave to appeal and, after considering the reasons for the delay provided by the appellant, held that the High Court was not justified in rejecting the writ petition without considering its merits. The High Court was directed to hear the writ petition on its merits within three months after the appellant pays costs to the respondents. Failure to pay the costs would result in the appeal being dismissed. The Supreme Court did not review the case's merits, leaving that task to the High Court. The appeal was allowed with no costs awarded. The judgment was delivered by Tarun Chatterjee and V.S. Sirpurkar, JJ., with representation by Shri S.C. Birla for the Appellant and S/Shri A.V. Rangam and Buddy A. Ranganadhan for the Respondent.