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Judgment
Ashok Menon, Chairperson
Heard both sides.
This application is for condonation of delay of 133 days in filing Appeal. The impugned order is dated 26.08.2021 and the Appeal is filed on 15.03.2022.
The Ld. Counsel for the Applicant relied on the order dated 10.01.2022 passed by the Hon’ble Supreme Court in M.A. No. 21/2022 in M.A. No. 665/2021 in Suo Motu Writ Petition (C) No. 3/2020 which clearly states that period from 15.03.2020 till 28.02.2022 shall stand excluded in computing the periods prescribed under Section 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribed period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings.
Ld. Counsel for Appellant submitted that because of the pandemic situation Appeal could not be filed within stipulated time. The period which is to be condoned squarely falls within the scope of the above order passed by the Apex Court.
In view of above findings of the Hon’ble Supreme Court, I am of the view that delay has to be condoned. Hence I.A. No. 58/2022 is allowed and delay of 133 days in filing Appeal on Diary No. 87/2022 is condoned.
Registrar is directed to take up the matter on file there are no other infirmities in receive d the same.
Post on 12.05.2022 before Registrar for compliance.