ORDER

Chandra Dhari Singh, J. (Oral)

CM APPL.36611/2022 (condonation of delay)

1. The application has been filed by the petitioner, seeking the following reliefs:

"Condone the delay of 1023 days in filing the contempt petition..."

2. Learned counsel appearing on behalf of the petitioner submitted that there has been a delay of 1023 days in filing the contempt petition owing to the COVID-19 pandemic, the petitioner was unable to contact his counsel and was later apprised of the unfortunate death of his previous counsel, as a result of the pandemic.

3. It is submitted that Hon'ble Supreme Court took suo moto cognizance of the difficulties faced by the litigators and issued certain guidelines, whereby, the period between 15th March 2020 to 28th February 2022, was exempted in order to compute the period of limitation, making the present petition, well within the limitation period.

4. It is further submitted that the bank, where the petitioner was employed, extended certain false promises with regard to timely grant of the back wages to the petitioner, as a result of which the petitioner deferred approaching this Court.

5. Per Contra, learned counsel appearing on behalf of the respondent vehemently opposed the submissions made on behalf of the petitioner.

6. It is submitted that the present petition has been filed after an inordinate delay of 1023 days and the same is not liable to be condoned.

7. It is submitted that the delay in filing the contempt petition is nothing but negligence at the hands of the petitioner and as per the Contempt of Courts Act, 1971 (hereinafter "Act"), the statutory time period to file a contempt petition is capped to one year from the alleged period when contempt has been committed, therefore, the petitioner has lost out on the opportunity to file the said contempt petition.

8. In view of the foregoing submissions, it is prayed that the present application may be dismissed, being devoid of any merit.

9. Heard the learned counsel for the parties and perused the record.

10. In cases where there has been a substantial delay on account of the COVID-19 pandemic, it becomes important for the Courts to take into consideration the orders issued by the Hon'ble Supreme Court, whereby, the period between 15th March 2020 to 28th February, 2022, was exempted in order to compute the period of limitation.

11. By way of order dated 23rd March, 2020 in Suo Moto Writ Petition (C) NO. 3 OF 2020, the Hon'ble Supreme Court issued certain guidelines, whereby, the period commencing from 15th March, 2020 stood excluded while computing the period of limitation. The said Order has been reproduced herein:

"This Court has taken Suo Motu cognizance of the situation arising out of the challenge faced by the country on account of Covid-19 Virus and resultant difficulties that may be faced by litigants across the country in filing their petitions/applications/suits/ appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under Special Laws (both Central and/or State). To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings. We are exercising this power under Article 142 read with Article 141 of the Constitution of India and declare that this order is a binding order within the meaning of Article 141 on all Courts/Tribunals and authorities. This order may be brought to the notice of all High Courts for being communicated to all subordinate Courts/Tribunals within their respective jurisdiction. Issue notice to all the Registrars General of the High Courts, returnable in fo