Supreme Court Allows Appeal Over Delay, Orders Cost Payment

The Supreme Court allowed the appeal, setting aside the High Court's dismissal due to a 362-day delay in filing. The delay was deemed reasonable, and the Court directed the High Court to hear the appeal on its merits. The appellant was ordered to pay a cost of Rupees one lakh to the respondent. The matter was remitted to the High Court with specific instructions. The Court emphasized the importance of the case and the need for a thorough hearing, disposing of the appeal and any pending applications accordingly.

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Issues involved:
1. Delay in filing the appeal before the High Court.

Analysis:
The Supreme Court heard the appeal where the High Court had dismissed the appellant's appeal due to a delay of 362 days, which was not satisfactorily explained according to the High Court. The delay was attributed to a difference of opinion between two officers, leading to the decision to file the appeal after obtaining legal opinion. The Supreme Court reviewed the application for condonation of delay and found it reasonable, emphasizing the importance of the matter. Consequently, the Supreme Court set aside the High Court's order and directed the High Court to hear the appeal on its merits.

The Supreme Court further ordered the appellant to compensate the respondent by paying a cost of Rupees one lakh within four weeks. The matter was remitted back to the High Court with a specific direction to decide the appeal on its merits. The Supreme Court disposed of the appeal in line with the above decisions and also disposed of any pending applications.

In conclusion, the Supreme Court allowed the appeal, considering the reasons for the delay provided in the application for condonation and the significance of the matter at hand. The Court emphasized the need for the High Court to hear the appeal on its merits, while also imposing a cost on the appellant for the delay.

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