(1.) The instant application is filed by the Petitioner/ Appellant under Section 173(1) of the Motor Vehicles Act, 1988 ('M.V. Act "), seeking condonation of 261 (two hundred and sixty one) days' delay in filing the Appeal.
(2.) Learned Counsel for the Petitioner/Appellant, while making an effort to justify the delay, submitted that the impugned Judgment was pronounced on 31.10.2019, copy of the Judgment was sought on 05.11.2019 vide application which was ready on 26.11.2019. The Appeal came to be filed on 05.11.2020 however after curing the defects was re-submitted on 11.12.2020. The limitation period of 90 (ninety) days admittedly, was over on 19.02.2020, as per Learned Counsel for the Petitioner/Appellant. Reliance was placed by Learned Counsel on the Circulars issued by the Registry of this High Court from 24.03.2020 after the lockdown owing to the COVID-19 pandemic. That, in view of the facts submitted hereinabove, the delay be condoned.
(3.) Learned Counsel appearing for Respondents No.1 and 2, Respondent No.3 and Respondent No.4 objected to the Petition on grounds that the Appeal ought to have been filed on 19.02.2020 and reliance by the Petitioner/Appellant on the Circulars issued by the High Court is erroneous as the first Circular, dated 24.03.2020, was issued almost a month after the period of limitation was over and was concerned with the lockdown after the COVID-19 pandemic broke out. The other Circulars dated 14.04.2020 and 18.04.2020 also have no relevance to the instant matter. That, as no other grounds have been specified for the delay, in such circumstances, the Petition merits no consideration.