Ut Of J&K And Others vs Susheela Raina
2021 Latest Caselaw 567 j&K

                                                            S. No. 101
              HIGH COURT OF JAMMU AND KASHMIR
                          AT JAMMU
                     (Through Virtual Mode)

                                                      LPA No. 20/2021
                                                      CM Nos. 945/2021,
                                                      946/2021 & 947/2021

UT of J&K and others                                           ...Petitioner(s)

                                Through :- Mr. Ravinder Gupta, AAG

      V/s

Susheela Raina                                               ...Respondent(s)

                                 Through :- Mr. K.L. Pandita, Advocate


Coram:       HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
                        (THROUGH VIDEO CONFERENCING FROM JAMMU)
             HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
                       (THROUGH VIDEO CONFERENCING FROM SRINAGAR)


                                 ORDER

CM No. 947/2021

1. By way of this application, the applicant is seeking extension of

time to deposit requisite court fee, affidavit and other documents etc.

2. For the reasons detailed in this application, the same is allowed.

The application/appellant shall deposit the requisite court fee/affidavit etc.,

with the Registry of this Court within a period of one week from the date of

announcement of lifting of lockdown on account of COVID-19 by the

Government.

3. Application stands disposed of.

CM No. 945/2021

1. Instant application has been moved by the applicant to seeking

condonation the delay of 311 days in filing the Letters Patent Appeal against

the Judgment passed by learned Single Judge dated 25-11-2019.

2. Objections have also been filed by Mr. K.L. Pandita, Advocate

on behalf of non-applicant.

3. It is contended that the judgment passed by learned Single

Judge was announced on 25-11-2019 and the same was an ex-parte

judgment without assistance of the applicant, knowledge or any information

to the applicant. Therefore, the filing of appeal against judgment is because

of this reason as well.

4. Another ground taken in this application to condone the delay is

that as the restrictions were imposed by the Government from time to time in

light of COVID-19 pandemic, the appeal could not be filed in time.

5. Dealing with the issue as emerged in the instant case, Hon'ble

the Supreme Court in Suo Motu Writ Petition (Civil) No. 3 of 2020 while

disposing of the same vide order dated 08.03.2021 has passed certain

directions. For facility of reference, it would be apt to reproduce paragraph

No.2 passed in aforesaid petition hereunder:

"2. We have considered the suggestions of the learned Attorney General for India regarding the future course of action. We deem it appropriate to issue the following directions: -

1. In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 14.03.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021.

2. In cases where the limitation would have expired during the period between 15.03.2020 till 14.03.2021, 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.

3. The period from 15.03.2020 till 14.03.2021 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."

6. In view of the above, this application is, allowed and as such, the

delay of 311 days in filing the accompanied Letters Patent Appeal is

condoned.

7. Application stands disposed of.

LPA No. 20/2021 Notice.

Mr. K.L. Pandita, Advocate waives notice on behalf of

respondent.

List for consideration on 29.06.2021.

Copy of the paper book be supplied to Mr. K.L. Pandita,

learned counsel for the respondent during the course of this week.

                                         (JAVED IQBAL WANI)            (TASHI RABSTAN)
                                                     JUDGE                      JUDGE

           Jammu
           25.05.2021
           Angita




ANGITA DEVI
2021.06.03 16:29
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