Final Order 1

Order Details: Order Below EX 1
Pdf Text: … 1 … C.C.No.5800333/Misc./2021
MHMM180077742021
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
C.C.No.5800333/Misc./2021
ORDER BELOW EXH.1
1. The complainant filed complaint along with present
application for condonation of delay. The two disputed cheques
bearing No.055316 of Rs.1,00,000/ and No.055317 of
Rs.1,50,000/ were dishonoured on 14.09.2021 and 18.09.2021
respectively. The complainant sent the legal notice dated
12.10.2021. The demand notice was received by accused No.2
and 3 on 14.10.2021 and the envelop containing demand notice
sent to accused No.1 was returned with remark “Not Taken”
dated 18.10.2021. The cause of action was arose on 02.11.2021.
The complaint ought to have filed on or before 02.12.2021. The
present complaint is filed on 27.12.2021.
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
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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
from 01.03.2022, is greater than 90 days,
that longer period shall apply.
IV. It is further clarified that the period
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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 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. 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 : 07.03.2022 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
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