JUDGMENT

Jyoti Singh, J. (Oral) CM APPL. 9350/2021 (condonation of delay)

1. The present application has been filed by the Appellant under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 179 days in filing the accompanying appeal. It is averred in the application that the limitation period for filing the appeal expired on 07.04.2020 but on account of the nationwide lockdown imposed on 22.03.2020 due to the Pandemic Covid-19, the appeal could not be filed within the limitation period of 90 days. The limitation was subsequently extended by the Supreme Court in a suo motu petition bearing SUO MOTU WRIT (CIVIL) NO.3 of 2020. As the position eased out, the appeal was filed on 08.10.2020. The delay in filing is bona fide and beyond the control of the Appellant.

2. I have gone through the reasons set out in the application and find that the Appellant has made out sufficient cause for condonation of delay in filing the appeal.

3. For the reasons stated in the application, the same is allowed and the delay of 179 days in filing the appeal is condoned.

4. Application stands disposed of.

RSA 27/2021 & CM APPL. 9348/2021 (Stay) & CM APPL. 9349/2021 (U/O XLI Rule