SEEMA Vs. HDFC ERGO GEN INS CO LTD

JUDGEMENT

(1.) By way of the present application filed under Sec. 5 of the Limitation Act, read with Sec. 151 Code of Civil Procedure, the appellants/claimants seek condonation of delay of 120 days in filing the present appeal.

(2.) Mr. Anshuman Bal, learned counsel for the appellants submits that appellant No. 1 is the wife of the deceased (Sh. Dalip Kumar), who unfortunately passed away in an accident on 7/11/2012. It is stated that though the impugned order was passed on 8/10/2021, however the present appeal could not be filed timely as the Registry was closed for physical filing at the relevant time.

(3.) This Court takes note of the fact that, vide order dtd. 23/9/2021 passed in Suo Motu Writ Petition (Civil) No. 3 of 2020 titled as In Re: Cognizance for Extension of Limitation, the Supreme Court has directed that for computing the period of limitation in suit, appeal, application or proceedings, the period from 15/3/2020 till 2/10/2021 shall stand excluded. The impugned order was passed on 8/10/2021. Considering the facts and circumstances of the case, the application is allowed and the delay of 120 days in filing the accompanying appeal is condoned.