Complainant-  Goutam Paul, S/o-Netai Paul, Kalna Gate, Burdwan, Purba Bardhaman.

                              Vs.            

Opppsite Parites-Mr. Kushik Mukherje, Burdwan,  Purba Bardhaman, Pin-713101 & one other.   

Present                       : Mrs. Lipika Ghosh -           Hon’ble President-in-Charge.

: Mr. Atanu Kr. Dutta.                     - Hon’ble Member.

Order Date: 28.05.2024

Today is fixed for passing order in respect of M.A. case being No.57/2023.

Ld. Advocate for the complainant is present.

The matter of condonation of delay u/S 69(2) of the C.P. Act, 2019 in the form of M.A. case being No.57/2023 is taken up for passing order.

The petition is related to 147 days delay in filing the complaint bearing case No.CC-54/2023 with regard to cause of action and to condone it .

The contention under this petition is, the complainant stated that the cause of action of the case has started on and from 02.12.2020 i.e., from the date of payment of Rs.2, 01,000/- by the complainant and as such as per provisions of C.P. Act, 2019 the complainant would have to filed this case before this Hon’ble Commission on or within 01.12.2022 i.e., within the period of 2 years. But due to pandemic situation of Covid -19 in the entire world the entire judiciary system has already been stopped since 23^rd day of March, 2020. For this pandemic situation of Covid-19, all the litigant persons have been facing troubles to get appropriate relief by filing their cases in any court of law. Considering such pandemic situation as well as considering the present situation of the litigants persons, the Hon’ble Supreme Court passed an order dated 23.03.2020 in SMW(C) No.3 of 2020 Titled as Cognizance for Extension of Limitation’. As per Suo Motu Writ Petition (C) No.3 of 2020 the Hon’ble Supreme Court has been pleased to pass an order directing that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purpose of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings. So the complainant prays for condonation of delay of 147 days in normal manner.

Perused the case record and the petition of this M.A. case.

On 05.07.2023, in spite of having received the notice/summons on 01.06.2023 & 20.05.2023 respectively, O.P.Nos.1 & 2 did not turn up and accordingly the Hon’ble Commission has been pleased to pass order that case do proceed ex parte against them. So, the delay petition was heard ex parte.

We have gone through the Order passed by the Hon’ble Apex Court in Misc. Application No. 21 of 2022 where in order directing that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purpose of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings.  

Under the above facts and circumstances of the case  and considering the submission of the complainant, we opine,   that the petition filed by the complainant under the provision of 69(2) of the C.P. Act, 2019, for condonation of delay, is hereby allowed and the delay for 147 days in filing the complaint is hereby condoned .

Hence, it is

                                           ORDERED

that this M.A. Case being No. 57/2023  be allowed .

          So, the M.A. case being No. 57/2023 is thus disposed of .

Let a copy of this order be given to the parties on free of cost.

                         Member                                                President-in-Charge

              D.C.D.R.C., Purba Bardhaman                    D.C.D.R.C., Purba Bardhaman