Order Date: 25.06.2024
The M.A. case being No. 59/2020 is taken up for hearing and order.
Ld . Advocate for the complainant is present.
Heard the Ld. Advocate for the complainant.
On 15.12.2020 the complainant filed a petition supported by affidavit stating that the cause of action of the present case has been arisen on 18.10.2018 when the OP Nos. 1 & 2 handed over the disputed report. The complainant was ready to file the complaint in the month of March, 2020, i.e. Within the statutory period of filing a complaint but due to lack of some documents the complaint has not been filed before 16.03.2020. Subsequently, lock-down has been started due to spread of Covid-19 and all the communication has been stopped. The complainant is a residence of a remote village and rail is the only communication. After starting of unlock procedure, the complainant somehow reached at Burdwan in the last week of November with all documents and Ld. Advocate of the complainant took necessary steps to file this present complaint. For those unavoidable circumstances, there is a delay of 57 days in fling of this present case and prays for condonation of delay.
Perused the case record and the petition for condonation of delay i.e. M.A. case
being No. 59/2020.
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 57 days in filing the complaint is hereby condoned .
Hence, it is
ORDERED
that this M.A. Case being No. 59/2020 be allowed condoning the delay of 57 days in filing the complaint .
The M.A. case being No. 59/2020 is thus disposed of .
Let a copy of this order be given to the complainant on free of cost.
Member President-in-Charge
D.C.D.R.C., Purba Bardhaman D.C.D.R.C., Purba Bardhaman