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TMI Blog2025 (1) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... days. As per the decision by Hon ble Supreme Court in IN RE : COGNIZANCE FOR EXTENSION OF LIMITATION [ 2020 (5) TMI 418 - SC ORDER] , after taking note of pandemic condition prevailing in the country during the period starting from 15.03.2020 has provided that the appeals should have been allowed to be filed even if the period of limitation would have expired. After that date the period of limitation available to the appellant alongwith the application of condonation of delay would have expired on 27.03.2020. It is observed by Hon ble Supreme Court, do not makes any distinction between the appeal to be filed within the normal period of limitation or to be filed alongwith the condonation of delay. During the period of pandemic, it was expec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... extending the period for condonation of delay . The Supreme Court held that the period of limitation was extended by them only and not the period upto which delay can be condoned in exercise of discretion conferred by the statute. 8. In view of this decision of the Hon'ble Supreme Court, I find that the period of limitation expired on 24.02.2020, and the delay in filing the appeal was much beyond the period of 30 days (actually filed on 02.06.2020). In view of the factual situation, the condonation of delay application cannot be entertained and as the decision of the Hon'ble Supreme Court on the issue is binding, I find that the appeal is time barred. 2.0 From perusal of the impugned order, it is evident that the appeal filed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e litigants across the country in filing petitions/applications/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). By an order dated 23.03.2020 this Court extended the period of limitation prescribed under the general law or special laws whether compoundable or not with effect from 15.03.2020 till further orders. The order dated 23.03.2020 was extended from time to time. Though, we have not seen the end of the pandemic, there is considerable improvement. The lockdown has been lifted and the country is returning to normalcy. Almost all the Courts and Tribunals are functioning either physically or by virtual mode. We are of the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 4.4 As per the above decision by Hon ble Supreme Court, after taking note of pandemic condition prevailing in the country during the period starting from 15.03.2020 has provided that the appeals should have been allowed to be filed even if the period of limitation would have expired. After that date the period of limitation available to the appellant alongwith the application ..... X X X X Extracts X X X X X X X X Extracts X X X X
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