Order No. 08
This order has arisen out of the MA being No. 20/2021 preferred by the OP 2 and 3 praying for condone the order of exparte against the said Op in the interest of Natural Justice.
It is stated in the application by the OP 2 and 3 that the OP 2, 3 had entered appearance by filing Vakalatnama on 03.03.2020 and thereafter lockdown declared by the Government of India on account of Covid 19. From the Order No. 5 dated 14.12.2020 it is reflected that complete lockdown is withdrawn in West Bengal, but it is pertinent to mention that lockdown was still in force in such particular area where pandemic situation subsistent and the Op 2 and 3 are residing in such containment zone area marked as “Red Zone” area for this reason the Op 2 and 3 could not contact with the Ld. Advocate for instruction and preparation of W/V. As the Op 2 and 3 did not file W/V within the statutory period, the Ld. Commission has been pleased to pass an order that the complaint will run exparte against the Op 2 and 3.
Under the circumstances having no other alternative the Ops 2 and 3 have filed this application praying for giving permission to file W/V on behalf of the Op 2 and 3 for ends of justice. It is submitted by the said Ops that if this application is now allowed the Op 2 and 3 will suffer irreparable loss and injury and accordingly prayer is made by the said Ops for allowing this application.
Written objection has been filed on behalf of the complainant to contest the MA/20/2021 and according to the complainant as the Op 2 and 3 have measurably failed to submit W/V within the statutory period, hence the application filed by the Op 2 and 3 is liable to be rejected in limini.
We have carefully perused the application filed by the Op 2 and 3 and W/O thereto filed by the complainant and also heard argument at length advanced by the Ld. Counsel by the parties.
In this context we are to mention the judgement passed by the Hon’ble Supreme Court in the MA No. 665/2021, in SMW (C) No. 3 of 2020 dated 23.09.2021 wherein their Lordships have been pleased to hold in the sub para of I and II of the para 8, which runs as follows :-
“8.(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”.
“8.(II)In cases where the intimation would have expired during the period between 15.03.2020 till 02.10.2021, notwithstanding the actual balance period of 90 days from 03.10.2020. In the event the actual balance period of intimation remaining, with effect from 03.10.2021, is greater than 90 days, that longer period shall apply”.
Having regard to the above mentioned judgement we are to say that the Op 2 and 3 will get chance for filing their W/V till 2nd January, 2022.
To expedite the matter today the Ld. Counsel for the Op 2 and 3 has filed W/V with a copy to the other side. Let it be accepted.
Therefore, the MA/20/2021 is thus allowed on contest without any cost.
Substitution petition filed by the Ld. Advocate of the complainant 2 is registered as MA/88/2021 which will be heard on 28.01.2022 in presence of both parties.
The Ld. Advocate has submitted that the complainant 1 has passed away. Copy of Death Certificate is also filed.
Fix 28.01.2022 for hearing of MA/88/2021.
Let plaint copy be given to the parties free of cost as per CPR.
Dictated and corrected by
[HON'BLE MRS. Silpi Majumder]
MEMBER
