Per M.P.Kasar Member

1.Complainant states that, cause of action arose on 8/8/19 when the opposite party No.2 refused to credit the interest amount to the complainants account. Complainant filed present complaint on 2/9/21 and there is delay of 24 days. According to pandemic this delay can be condoned .Complainant is charitable trust and immediate steps could not be taken. Delay is not deliberate. Hence delay may be condoned.

2.Opposite party No.1 stated that, complaints on merit and filed within 2 years from the cause of action beyond that cannot be entertained. According to opposite party No.1 cause of action has not been arose on 8/8/19.reasons are not good and sufficient hence application may be rejected.

3.Opposite party No.2 stated that, on account of covid pandemic complainant is not entitling to any relief sought. The cause of action is different hence complainant has explained each day delay caused. Credit of interest took place on 31/3/15,30/3/16,,30.3.17,28.3.18,6.11.18 so complainant failed to substantiate causes for delay condonaion. The cause of action for each claim arose on the date the interest amount became due. Thus each claim is time barred.

4.Heard Complainant, opposite party No.1 and 2 through their Advocates. Perused application, say filed by opposite parties,

5.According to the complainant as cause of action aroused on 08/08/19, and from this date limitation finished after two years and complainant filed this complaint on 02/09/21,i.e.24 day’s delay. According to complainant is charitable organisation and due to pandemic steps could not be taken on behalf of complainat.Considering this and pandemic situation though according to the opposite parties there are various cause of actions nevertheless we are of the opinion that, cause of action can be treated as continuous because according to opposite parties cause of action aroused many times. So dispute raised among the parties can be resolved on merit. But instantly 24 days delay is condonable in view of pandemic situation during the period when limitation was finished from the date of cause of action aroused according to the complainant, hence delay is condonable considering the principals of natural justice. We pass order as follows :

ORDER

1. MA/21/33 in CC/21/228 is hereby allowed
2. Delay of 24 days is hereby condoned for filing the present CC/21/228 below section 69(2) of CPA 2019
3. No order as to cost
4. Complaint be kept for admission hearing
5. Copy of order be supply free of cost to parties.