Final Order 1

Order Details: Order Below EX 1
Pdf Text: … 1 … C.C.No.5800273/Misc./2021
MHMM180060332021
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
C.C.No.5800273/Misc./2021
ORDER BELOW EXH.1
1. The complainant filed complaint along with present
application for condonation of delay. The complainant
submitted that the disputed cheques 1) bearing No.587875
dated 10.05.2021 of Rs.46,413/, 2) bearing No.587876 dated
10.06.2021 of Rs.46,762/ and 3) bearing No.587877 dated
10.07.2021 of Rs. 47,111/ were dishonoured on 20.07.2021.
Thereafter, on 30.07.2021, the complainant executed Power of
Attorney in favour of his son Mr. Rajesh Murli Doulatramani.
The complainant sent the legal notice dated 12.09.2021. The
demand notice was duly served. The cause of action was arose
on 01.10.2021. The present complaint is filed on 01.10.2021.
The complainant is filed within limitation from the cause of
action but the demand notice was sent after 23 days. The
complainant prayed that delay in sending notice be waived.
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.
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“ 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. The period of limitation has been extended till
02.10.2021 in view of order dated 23.09.2021 in the same Writ
Petition.
4. In Miscellaneous Application No.21 of 2022 in SUO
MOTO WRIT PETITION NO. 3 OF 2020 to the effect of expiry of
limitation, Hon'ble Supreme Court issued following direction in
paragraph No.5 of order dated 10.01.2022.
“ I. The order dated 23.03.2020 is restored
and in continuation of the subsequent
orders dated 08.03.2021, 27.04.2021 and
23.09.2021, it is directed that the period
from 15.03.2020 till 28.02.2022 shall
stand excluded for the purposes of
limitation as may be prescribed under any
general or special laws in respect of all
judicial or quasijudicial proceedings.
II. Consequently, the balance period of
limitation remaining as on 03.10.2021, if
any, shall become available with effect from
01.03.2022.
III. In cases where the limitation would
have expired during the period between
15.03.2020 till 28.02.2022,
notwithstanding the actual balance period
of limitation remaining, all persons shall
have a limitation period of 90 days from
01.03.2022. In the event the actual balance
period of limitation remaining, with effect
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from 01.03.2022, is greater than 90 days,
that longer period shall apply.
IV. It is further clarified that the period
from 15.03.2020 till 28.02.2022 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.
5. In the present case, cause of action was arose
during period of lockdown due to pandemic situation. The
period upto 28.02.2022 has been exempted from computing the
period. Thus, delay in sending notice can be waived in view of
guidelines of Hon'ble Supreme Court. In result, I proceed to
pass the following order.
ORDER
1. The application is allowed.
2. Delay for sending the demand notice is
waived and condoned.
3. The complaint be registered as
summary case.
Mumbai, (M.Y.Wagh)
Dated : 18.04.2022 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
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