Heard Ms. P. Hujuri, learned counsel, appearing for the applicant.

            Vide order dated 13-12-2021 upon motion, notice was directed to be issued to the sole opposite party. On the basis of the said direction, the applicant took steps on 18-12-2021. On 21-02-2022, this Commission was satisfied to pass an order on the basis of which the matter proceeded ex-pate against the sole opposite party.

            Today, this application filed under Section 5 of the Limitation Act, 1923 read with proviso to the Section 41 of the Consumer Protection Act, 2019, seeking for condonation of delay of 230 days in preferring the connected appeal, challenging the judgment and order dated 01-04-2021 passed by the learned District Commission, Tinsukia, in C.P. Case No. 25/2018, is taken up for its disposal.

            It is submitted by Ms. Hujuri that the impugned judgment and order was passed on 01-04-2018 in C.P. Case No. 25/2018 by the learned District Commission, Tinsukia and the free copy of the said judgment was supplied on 6-4-2021 to the applicant. On receipt of the said copy of the judgment, the same was forwarded to the Zonal Office of the applicant, requiring necessary direction in order to file appeal. Subsequent thereto, the Zonal Office advised the applicant/Branch Office to file the present appeal. In the process, there was a delay of 230 days in preferring the connected appeal.

            In support of the prayer for condoning the delay, Ms. Hujuri has relied the direction of the Hon’ble Apex Court in Suo Moto Writ Petition (C) No. 3 of 2020 which was finally decided on 23-09-2021 and the relevant portion of the order is extracted here-in-below;

            “ 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 person’s shall have a limitation period of 90 days from 01-03-2022. In the event the actual balance period of limitation remaining with the effect from 01-03-2022 is greater than 90 days, that longer period shall apply.”

            From the record it is found that the period of limitation expired within the period between 15-03-2020 to 28-02-2022 and this application along with the connected appeal was filed on 17-11-2021.

            As the impugned judgment was passed on 1-4-2021, which falls within the period from 15-03-2020 to 28-02-2022, we accordingly condone the delay of 230 days in preferring the connected appeal.

            This Misc. Application is allowed and disposed of accordingly.