Final Order 1

Order Details: Order Below EX 1
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MHMM180067092021
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
C.C.No.5800303/Misc./2021
ORDER BELOW EXH.1
1. The complainant filed complaint along with present
application for condonation of delay. The disputed cheque
bearing No.002018 dated 13.08.2021 of Rs.50,00,000/ was
dishonoured on 23.08.2021. The complainant sent the legal
notice on 20.09.2021 through Registered Post and the accused
received the same on 21.09.2021. The cause of action was arose
on 06.10.2021. The complaint ought to have filed on or before
05.11.2021. The present complaint is filed on 18.11.2021. The
complainant submitted that relative of his advocate was
diagnosed with Colon Cancer on 29.10.2021 due to which he
had to rush his native place at Nasik. Therefore, the
complainant could not file the complaint within the stipulated
time and delay was caused.
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
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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
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.
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IV]. The Government of India shall amend
the guidelines for containment zones, to
state.
“Regulated movement will be allowed for
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. Therefore, the complainant does not require to
explain the delay for pandemic period. In view of the direction
issued by Hon'ble Supreme Court the period of limitation has
been lifted. The complainant could not file complaint as his
advocate went to Nasik. The delay is caused due to mistake of
his advocate. The complainant should not suffer loss for a
mistake of advocate. Delay is not intentional. 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 subject to
cause of Rs.3000/ payable to State.
2. Delay to file complaint is condoned.
3. The complaint be registered as
summary case.
Mumbai, (M.Y.Wagh)
Dated : 22.12.2021 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
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