UNION OF INDIA vs GP CAPT SURESH KHANNA

Judgment text excerpt

$~225 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 782/2025, CM APPL. 80800/2025, CM APPL. 80801/2025 & CM APPL. 80879/2025 UNION OF INDIA .....Appellant Through: Dr. Vijendra Singh Mahindiyan, CGSC for UOI. versus GP CAPT SURESH KHANNA .....Respondent Through: Mr. Arpit Sharma, Advocate for Mr. Anil Sharma, Advocate for L.Rs of respondent. Date of Decision: 22nd December, 2025 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGEMENT TUSHAR RAO GEDELA, J: (ORAL) CM APPL. 80802/2025 (Delay) 1. This is an application filed on behalf of the appellant/Union of India under section 151 of the Code of Civil Procedure, 1908, seeking condonation of 889 days in filing the appeal. 2. Learned counsel for the appellant submits that the impugned order dated 22.05.2023 was received on 29.05.2023 and was thereafter processed through the Legal Cell, JAG Branch and the Ministry of Defence (hereinafter referred to as “MoD”) in accordance with the prescribed procedure. Though an initial opinion favoured implementation, upon reconsideration the MoD directed filing of an appeal to safeguard Government policy and to avoid creation of an Signature Not Verified Digitally Signed LPA 782/2025 Page 1 of 4 By:YASHRAJ Signing Date:23.12.2025 19:30:56 erroneous precedent. He further submits that, in the interregnum, the respondents filed a contempt petition, which was duly contested by the appellants, evidencing their bona fide conduct. The Letters Patent Appeal could not be filed earlier as the concerned Government counsel was elevated as a Judge in January 2025, a circumstance beyond the control of the appellants. Immediately thereafter, a new Government counsel was appointed and the present appeal has been filed without any deliberate or intentional delay. 3. On the othe