For vs For
2021 Latest Caselaw 704 Tri

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                      HIGH COURT OF TRIPURA
                            AGARTALA

                      I.A. No.01/2021 in W.A. No.152/2021

For Applicant(s)               : Mr. G.K. Nama, Advocate.

For Respondent(s)              : Mr. Arijit Bhaumik, Advocate.


      HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
       HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY

                                  ORDER

12/07/2021.

(Akil Kureshi, CJ).

This application is filed by the appellant-original respondent No.3 to

challenge the judgment of the learned Single Judge in W.P. (C) No.370 of

2016. The applicant seeks condonation of delay in filing the Writ Appeal.

This application is strongly opposed by Mr. Arijit Bhaumik, learned

counsel for the original petitioners. He submitted that the decision was

rendered by the learned Judge on 10.12.2019, which was long before the

spread of coronavirus. This Appeal, therefore, would not be governed by

the directives of the Supreme Court providing for ignoring the corona

period for the purpose of limitation. In any case, there is no explanation for

delay prior to the period of March, 2020.

The submissions made by the counsel are hyper technical. As is

well-known, considering the serious spread of coronavirus in the country

in the month of March, 2020, on account of serious difficulties faced by

litigants, the Supreme Court has passed successive orders providing that

the period post March, 2021 shall not count towards limitation for multiple

Court proceedings. The period of limitation in the present Appeal would

have expired around the time when the country was placed under

lockdown in the last week of March, 2020. The Appeal, therefore, cannot

be dismissed on the ground of delay denying the opportunity to the

applicant to challenge the judgment of the learned Single Judge on merits.

In the result, delay caused in filing the Writ Appeal is condoned.

I.A. is disposed of.

  (S.G. CHATTOPADHYAY), J                       (AKIL KURESHI), CJ




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