Royal Sundaram Alliance ... vs Prashant Prakash Rasal And Ors
2021 Latest Caselaw 14324 Bom

                                     24.IA 281-21 in FAST 96939-20.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                      INTERIM APPLICATION NO. 281 OF 2021
                                        IN
                       FIRST APPEAL (ST.) NO. 96939 OF 2020


 Royal Sundaram Alliance Insurance
 Company Limited through its Manager                               .Applicant /
                                                                   Appellant
            Vs.
 Prashant Prakash Rasal and Ors.                                   .Respondents

None present.

                               CORAM       :      ABHAY AHUJA, J
                               DATE        :      4TH OCTOBER 2021
 P. C.

 1.        None for the parties.

2. Registry note submits that since the limitation had expired in the

lockdown period, the first appeal is filed in time and the application for

condonation of delay does not survive.

3. By this application, the insurance company has sought

condonation of delay of about 245 days in preferring appeal under

Section 173 of the Motor Vehicles Act, 1988 (the "Act") against the

judgment and award dated 18th December 2019 passed in M.A.C.T

Application No. 61 of 2016 by MACT, Ratnagiri.

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4. It is observed that the judgment and award was passed on 18 th

December 2019. The period for filing appeal under Section 173 of the

Act is 90 days. It is stated in paragraph 2 of the application that the

certified copy application in respect of the judgment and award was

made on 18th January 2020 and the certified copy was ready for

collection on 30th January 2020, which is stated to be collected on 1st

February 2020 by advocate for the appellant appearing in the Trial

Court. Evidently the 90 days period would expire around end of March

2020. It is also stated in paragraph 2 of the said application that appeal

has been filed on 24th November 2020. This is during which the

COVID-19 Pandemic had been declared.

5. Due to the COVID-19 Pandemic, the Hon'ble Supreme Court had

taken suo moto cognizance of the situation arising from difficulties that

might be faced by litigants across the country in filing

petitions/application/suits/appeals/all other proceedings within the

period of limitation prescribed under the general law of limitation or

under any special laws (both Central or State) and by an order dated

23rd March 2020, the Hon'ble Supreme Court extended the period of

limitation with effect from 15 th March 2020 till further orders, which

order came to be extended from time to time. Further, vide order dated

8th March 2021 in Suo Moto Writ Petition (Civil) No. 3 of 2020 as Nikita Gadgil 2 of 4

24.IA 281-21 in FAST 96939-20.doc

modified by order dated 23rd September 2021, in miscellaneous

application no. 665 of 2021 in SMW(C) No. 3 of 2020, the Hon'ble

Supreme Court has given directions in paragraph 8 thereof which are

quoted as under:-

"8. Therefore, we dispose of the M.A. No. 665 of 2021 with the following directions:-

I. In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 02.10.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2021, if any, shall become available with effect from 15.03.2021.

II. In cases where the limitation would have expired during the period between 15.03.2020 till 02.10.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 15.03.2021. In the event the actual balance period of limitation remaining, with effect from 15.03.2021, is greater than 90 days, that longer period shall apply.

III. The period from 15.03.2020 till 02.10.2021 shall also stand excluded in computing the periods prescribed under Sections 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings.

IV. The Government of India shall amend the guidelines for containment zones, to state.

"Regulated movement will be allowed for medical emergencies, provision of essential goods and services, and other necessary functions, such as, time bound applications, including for legal purposes, and educational and job-related requirements"

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6. The above directions have been passed by the Hon'ble Supreme

Court in exercise of power under Article 142 read with Article 141 of

the Constitution of India and being law of the land are binding on all

Courts/Tribunals and Authorities.

7. In the case of petitioner, the period of limitation ended after 15 th

March 2020 and the appeal came to be filed before 2 nd October 2021

which period has clearly been excluded.

8. In this view of the matter, the instant appeal has been filed

during the period of operation of the Suo Moto orders which exclude

the period from 15th March 2020 to 23rd November 2020 and

accordingly, the same is within time.

9. Therefore by operation of law, nothing survives in the

condonation of delay application. The Registry is correct in making this

submission. The civil application is accordingly disposed as infructous.

10. List the first appeal for admission on 18th October 2021.

                                                           ( ABHAY AHUJA, J. )
 Nikita Gadgil                                                               4 of 4