IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1388 of 2008 (M/S) M/s Ski Snow Resorts Pvt. Ltd. ……….. Petitioner. Versus State of Uttarakhand and others. ………….Respondents Mr. Sudhir Kumar, learned counsel for the petitioner. Mr. Bindesh Kumar Gupta, learned Additional Advocate General appearing for the respondents. JUDGMENT Hon’ble V.K. Gupta, C.J. Learned counsel for the parties submits and agree that this petition be disposed of today finally at the motion hearing stage without it being formally admitted to hearing. I have perused the application for condonation of delay as well as the impugned order. There is absolutely no manner of doubt that the delay of more than six months went totally unexplained because in the application not a word has been written as to what all happened during this period of six months. The only averment is that the impugned order was passed on 4th December, 2007 and it was only on 10th July, 2008 that the Government accorded sanction for filing the appeal (refer to paras 2 to 4 of the delay condonation application). This was a case where the learned court below ought to have condoned the delay but only after taking into account various aspects, including burdening of the respondents with heavy, costs. Even though no worthwhile explanation is forthcoming in the delay condonation application, yet I feel that in the interest of justice, the delay, in fact, was required to be condoned but by burdening of the respondents with heavy costs. This petition is partly allowed. The impugned order is modified to this extent that the delay shall stand condoned subject to the respondents paying Rs. 10,000/- as costs to be deposited in the Legal Welfare Fund of this Court within two weeks form the today. If this is not done, the delay condonation application shall be treated to have been dismissed. The appeal shall proceed further only on the proof of deposit of the costs amount being produced in the trial court. Petition disposed of finally. (V.K. Gupta, C.J.) 11.8.2008 Avneet