ORDER

Dr. Satish A. Munde, Presiding Member.—The Applicant/Appellant has filed an application for condonation of delay of 153 days (MA/23/181) in filing the Appeal No. 331/2023 arisen out of Orders dated 20/06/2019 and 20/10/2022 passed in Execution Application No. 17/2011 in judgment and order dated 12/01/2011 in CC No. 153/2009 by Additional District Commission, Thane at Belapur, wherein the Hon’ble District Commission issued Non-Bailable Warrant against Applicant / Appellant.

2. Heard advocates for Applicant/Appellant and Respondent No.1./ Complainant.

3. The Applicant/Appellant stated that the Applicant/Appellant has challenged the Impugned Order dated 20/06/2019 by way of filing the Criminal Application No. 1509 / 2019 before the Hon’ble High Court, Bombay on 19/10/2019. The certified copy of said Order dated 20/06/2019 was received on 26/08/2019 and accordingly within limitation period of 90 days filed above numbered Criminal Application before Hon’ble High Court, Bombay as suggested by the Advocate on record there. The said Criminal Application was listed before the Hon’ble High Court, Bombay from time to time.

4. The Applicant/Appellant stated that meanwhile the whole Country was affected by the Covid 19 Pandemic. Thereafter in the year 2022, the Applicant/Appellant was arrested in a false case by Kamothe Police Station and during the enquiry the Applicant/Appellant was in Police Custody and subsequently in Judicial Custody for a period of 03 months 20 days. Accordingly, the Applicant/Appellant was granted Bail. The Applicant/Appellant stated that during his custody period the Applicant/Appellant had developed substantial

health issues and his health is drastically deteriorated. The Applicant/Appellant had lost his 25 kg wait and was hospitalized in ICU in JJ Hospital.

5. The Applicant/Appellant stated that since he was under custody, he would not have remained present before the Hon’ble Additional Thane District Commission on 13/08/2022, 25/08/2022, 20/09/2022, 20/10/2022, 21/11/2022, even if the Applicant/Appellant intended to come / attend. Resultantly, the Applicant/Appellant remained present through his Counsel and sought exemption. The District Commission had issued Non Bailable Warrant against the Applicant/Appellant vide its Order dated 20/10/2022. The said Order is a continuing Order of Order dated 20/06/2019. The Applicant/Appellant was released on Bail on 29/11/2022 from another frivolous Criminal matter. The Applicant/Appellant was in

Medical Observation and advised complete bed rest till the Applicant/Appellant undergo complete angiography with required angioplasty.

6. The Applicant/Appellant stated that thereafter only in the month of December 2022 the Applicant/Appellant contacted his Advocate on Record before District Commission in execution proceedings and appraised to the advocate about his health and condition. Accordingly, the Application of cancellation of NBW as per continuing Order dated 20/10/2022 was filed. The said Application is pending.

7. The Applicant/Appellant stated that the Applicant/Appellant accordingly met his Advocate on Record in the Month of January 2023 to find out complete solution to the hardship being caused to the Appellant at this stage, more specially without having any liability under the said Order except the compensation and cost amount, keeping aside the Consent Terms, without prejudice. Accordingly, the Advocate on Record suggested that an Appeal against 20/06/2019 as well 20/10/2022 need to be filed before Hon’ble State Commission since the Tier mechanism is provided for challenging the orders of District Commission before State Commission only and the Criminal Appeal before Hon’ble High Court need to be withdrawn which was filed by another Advocate. Accordingly, the Appellant met his Advocate on Record in Criminal Application pending before Hon’ble High Court and discussed the issue with him in the month February 2023. After a meticulous discussion it was decided to