SUPREME COURT OF INDIA

Before:- K.T. Thomas and R.P. Sethi, JJ.

Civil Appeal No. 4269 of 2000 [Arising out of SLP (C) No. 18579/1999]. D/d. 28.7.2000.

Srinagar Development Authority - Petitioner

Versus

M.H. Leharwal and Ors. - Respondents

Limitation Act, 1963, Section 5 - Condonation - Delay of 275 days - Delay occasioned on account of laches on the part of the appellant - At the same time a decision by the Division Bench on merits is necessary in the interest of justice - To compensate the respondent for the laches, the appellant can be put to terms.

[Paras 1 and 2]

ORDER

Leave granted. The impugned order is one of refusing to condone the delay in filing Letters Patent Appeal before the Division Bench of the High Court. There was a delay of 275 days in filing the appeal before the Division Bench. The reason stated by way of explanation was that the copy was applied on 22.9.1998 and the certified copy was delivered on 13.4.99. After obtaining certified copy the matter was discussed with the Counsel for the department for filing the LPA. Learned senior Counsel for the respondent submits that, as a matter of fact, certified copy was applied for on 28.5.1998 and a copy was delivered in June 1998. There is nothing to show that the application was made for certified copy on 28.5.98. We also noticed that the delay had occasioned on account of laches on the part of the appellant. At the same time a decision by the Division Bench on merits is necessary in the interest of justice. To compensate the respondent for the laches, the appellant can be put to terms.

2. We allow this appeal and set aside the impugned judgment and condone the delay in filing the LPA on condition that the appellant shall pay Rs. 2000/- each to the four respondents. The amount shall be deposited with the High Court within four weeks from today or paid to the Counsel for the respondent nos. 1-4 in this Court within the said time. If the amount is not paid the appellant will forfeit the benefit granted to him in this judgment.

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