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2021 Supreme(Sikk) 18

MEENAKSHI MADAN RAI
Branch Manager, National Insurance Company Limited – Appellant
Versus
Dechen Ongmoo Lepcha – Respondent


Advocates Appeared:
For the Appellant :Mr. Thupden G. Bhutia, Advocate
For the Respondent:Ms. Vidya Lama, Advocate, Mr. K.B. Chettri, Advocate Mr. Umesh Gurung, Advocate

ORDER :

Meenakshi Madan Rai, J.

1. The instant application is filed by the Petitioner/ Appellant under Section 173(1) of the Motor Vehicles Act, 1988 (“M.V. Act”), seeking condonation of 261 (two hundred and sixty one) days’ delay in filing the Appeal.

2. Learned Counsel for the Petitioner/Appellant, while making an effort to justify the delay, submitted that the impugned Judgment was pronounced on 31.10.2019, copy of the Judgment was sought on 05.11.2019 vide application which was ready on 26.11.2019. The Appeal came to be filed on 05.11.2020 however after curing the defects was re-submitted on 11.12.2020. The limitation period of 90 (ninety) days admittedly, was over on 19.02.2020, as per Learned Counsel for the Petitioner/Appellant. Reliance was placed by Learned Counsel on the Circulars issued by the Registry of this High Court from 24.03.2020 after the lockdown owing to the COVID-19 pandemic. That, in view of the facts submitted hereinabove, the delay be condoned.

3. Learned Counsel appearing for Respondents No.1 and 2, Respondent No.3 and Respondent No.4 objected to the Petition on grounds that the Appeal ought to have been filed on 19.02.2020 and reliance by the Petitioner/Ap

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