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Judgment
Mukul Mudgal, J.—This is an application seeking condonation of delay in filing the accompanying appeal. The delay is condoned, however, subject to the condition that no interest would be paid for the period of delay i.e. 756 days. However, the period of limitation i.e. 90 days will be excluded from the delayed period while calculating the interest.
Accordingly, the application stands disposed of.
LA.APP. 361/2007
Without going into the merits of the allegations made against the erstwhile counsel or without endorsing any of the complaint made by the Petitioner, we are of the view that interest of justice would be sub served by allowing this petition in terms of connected appeal i.e. L.A. Appeal No. 866/2005 titled Mahender Singh v. UOI and Ors. decided on 11.5.2006 as the issues involved in the present appeal is covered by the above said judgment.
We reaffirm the said judgment and allow appeal in terms thereof and direct that the enhanced amount, interest, solatium and other statutory payments in accordance with the judgment in Mahender Singh v. UOI and Ors. (Supra) be made. But, the Appellant shall not be entitled to interest for the period of delay i.e. of 756 days. However, the Appellant shall be entitled to interest for the statutory period to file an appeal i.e. 90 days. Payments be made not later than 31st October, 2008.
With the above directions, this appeal is disposed of along with the applications. A copy of the judgment in Mahender Singh v. UOI and Ors (Supra) be placed in this file. Decree sheet be prepared accordingly. No orders as to costs.