Appellant being aggrieved by the final order dated 26/10/2021 passed by the learned Additional District Consumer Commission, Nagpur has preferred present appeal. Alongwith the appeal, the appellant has filed application for condonation of delay of 96 days in preferring appeal. Heard learned advocate for the appellant/applicant on delay condonation application. It is contended by the learned advocate for the appellant/applicant that the impugned order came to be passed on 26/10/2021 and the copy of the order was served on the Appellant on 11/12/2021. It is contended that during the said period, there was complete lock down due to prevailing Covid-19 pandemic and the person, who was looking after the matter was also sick and was under treatment. It is contended that the period from 15/3/2020 to 28/2/2022 was exempted from computation for the purpose of limitation. It is further contended that as per the order passed by the Supreme Court in Suo moto Written Petition No.3/2020, the period of 90 days from 1/3/2022 was also exempted. The applicant has filed appeal on 18/4/2022 and so there was a delay of only 96 days which was also covered under the Covid-19 pandemic and so, delay in filing appeals needs to be condoned.

         After filing of application, notice was issued to the Respondent. Respondent has appeared and opposed the application by filing detailed reply wherein Respondent has categorically denied all the contentions. It is contended on behalf of Respondent that though there was lock down due to Covid-19 pandemic, the applicant was not prevented from filing the appeal. It is contended that the applicant has wilfully and deliberately not filed appeal despite having knowledge about the passing order and so the application is malafied and the application for condonation of delay needs to be rejected.

            We have heard learned advocate for Appellant/applicant as well as Respondent and also gone through the contents of application for condonation of delay. Admittedly the order was passed on 26/10/2021 and the certified copy was received by the Appellant on 11/12/2021. It is also clear that the period mentioned in the application clearly falls within the period of exemption from limitation, in view of order passed by Hon’ble Supreme Court in the case of Suo moto Writ Petition No.3/2020 and, therefore, the application as well as the grounds set out in the application cannot be termed as malafied. On the contrary, due consideration will have to be given to the same. As such, we pass the following order.

ORDER:  Application for condonation of delay is allowed and the delay is condoned.