Final Order 1

Order Details: Order Below EX 1
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MHMM180059142021
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
C.C.No.5800284/Misc./2021
ORDER BELOW EXH.1
1. The complainant filed complaint along with present
application for condonation of delay. The disputed cheque was
dishonoured vide memo dated 26.02.2021. The complainant
sent the legal notice dated 09.03.2021. The notice is served to
the accused on 13.03.2021. The cause of action was arose on
28.03.2021. The complaint ought to have filed on or before
27.04.2021. The present complaint is filed on 08.10.2021.
2. Taking into consideration the effect of the corona
virus (Covid19), the Hon'ble Supreme Court issued directions in
SUO MOTO WRIT PETITION NO. 3 OF 2020 to the effect of
expiry of limitation. Hon'ble Supreme Court issued following
direction.
“ In case the limitation has expired
after 15.03.2020 then the period from
15.03.2020 till the date on which the
lockdown is lifted in the jurisdictional area
where the disputed lies or where the cause
of action arises shall be extended for a
period of 15 days after the lifting of
lockdown.”
3. Taking into consideration the effect of the corona
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virus (Covid19), the Hon'ble Supreme Court issued directions in
SUO MOTO WRIT PETITION NO. 3 OF 2020 to the effect of
expiry of limitation dated 23.09.2021. Hon'ble Supreme Court
issued following direction.
“ I. In computing the period of
limitation for any suit, appeal, application
or proceeding, the period from 15.03.2020
till 02.10.2021 shall stand excluded.
Consequently, the balance period of
limitation remaining as on 15.03.2021, if
any, shall become available with effect from
03.10.2021.
II. In cases where the limitation would have
expired during the period between
15.03.2020 till 02.10.2021,
notwithstanding the actual balance period
of limitation remaining, all persons shall
have a limitation period of 90 days from
03.10.2021. In the event the actual balance
period of limitation remaining, with effect
from 03.10.2021, is greater than 90 days,
that longer period shall apply.
III. The period from 15.03.2020 till
02.10.2021 shall also stand excluded in
computing the periods prescribed under
Sections 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 prescribe period(s) of
limitation for instituting proceedings, outer
limits (within which the court or tribunal
can condone delay) and termination of
proceedings.
IV]. The Government of India shall amend
the guidelines for containment zones, to
state.
“Regulated movement will be allowed for
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medical emergencies, provision of essential
goods and services, and other necessary
functions, such as, time bound applications,
including for legal purposes, and
educational and jobrelated requirements.”
4. In the present case period of limitation was started
after lockdown. In view of the direction issued by Hon'ble
Supreme Court the period of limitation has been lifted.
Therefore, the complainant does not require to explain the
delay for the period of lockdown. Accordingly, I hold that
notice to the accused is not required in the present case and
delay may be condoned.
5. In result, I proceed to pass the following order.
ORDER
1. The application is allowed.
2. Delay to file complaint is condoned.
3. The complaint be registered as
summary case.
Mumbai, (M.Y.Wagh)
Dated : 05.01.2022 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
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