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TMI Blog2008 (12) TMI 447X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 wr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and speaking order. In the event, the cost so awarded is not paid or deposited within the period specified hereinabove, this appeal shall stand dismissed and the order of the High Court shall stand affirmed. We make it clear that we have not gone into the merits of the case, which shall be decided by the High Court in accordance with law. 5. With these observations, the appeal is allowed to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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