Madhya Pradesh High Court
M/S Shiva Khad Agency Mau Road ... vs The State Of Madhya Pradesh on 8 December, 2021
Author: Vishal Mishra
1
HIGH COURT OF MADHYA PRADESH
W.P. No. 22986/2021
(M/s Shiva Khad Agency vs State of M.P. & Ors.)
Gwalior, Dated : 08.12.2021
Shri Nirmal Sharma, learned counsel for the petitioner.
Shri Vijay Sundaram, learned Panel Lawyer for
respondents/State.
With consent, heard finally.
Present writ petition under Article 226 of the Constitution of
India has been filed challenging the order dated 17/9/2021 whereby
the application filed by the petitioner has been dismissed on the
ground of limitation itself holding it to be time bound as there was no
proper explanation for the delay.
It is pointed out that entire proceeding has taken place during
COVID-19 pandemic period wherein the Supreme Court in Suo Moto
Writ Petition (Civil) No.3 of 2020 IN RE: COGNIZANCE FOR
EXTENSION OF LIMITATION has passed an order on 08/3/2021
to the following effect:-
"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.
4. 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."
It is submitted that in pursuance to the directions given by this
Court, the delay in filing the appeal should have been condoned by the
authorities and the matter should have been considered on merits as
the same is covered under the definition of the Court itself.
Counsel appearing for the State could not dispute the aforesaid
proposition and fairly submitted that the matter be remanded back to
the authorities for considering the same on merits.
Considering the overall facts and circumstances of the case as
well as the judgment passed by the Supreme Court in Suo Motu Writ
Petition (supra), the order dated 17/9/2021 does not stand a judicial
scrutiny and is hereby quashed. Matter is relegated back to the
authorities for consideration afresh on merits. The exercise be
completed within 90 days from the date of receipt of certified copy of
this order.
It is made clear that this Court has not made any comment on
the merits of the case.
With the aforesaid, this petition stands disposed of with no
order as to the cost.
ALOK KUMAR
2021.12.08
16:52:52 (Vishal Mishra)
+05'30'
Judge
AKS
