Back
SUPREME COURT OF INDIA
S.A. Bobde, CJI., L. Nageswara Rao, S. Ravindra Bhat, JJ.
In Re: Cognizance For Extension Of Limitation - Petitioner
Suo Motu Writ Petition (Civil) No.3 of 2020
Decided On : 08-03-2021
Corona Pandemic – Post Lockdown – In computing period of limitation for any suit, appeal, application or proceeding, period from 15.03.2020 till 14.03.2021 shall stand excluded – Consequently, balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021 – In cases where limitation would have expired during period between 15.03.2020 till 14.03.2021, notwithstanding actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 15.03.2021 – In the event actual balance period of limitation remaining, with effect from 15.03.2021, is greater than 90 days, that longer period shall apply – Period from 15.03.2020 till 14.03.2021 shall also stand excluded in computing periods prescribed under Sections 23 (4) and 29A of Arbitration and Conciliation Act, 1996, Section 12A of Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which court or tribunal can condone delay) and termination of proceedings. (Para 2)
Facts of the case:
Due to onset of COVID-19 pandemic, this Court took suo motu cognizance of the situation arising from difficulties that might be faced by the litigants across the country in filing petitions/applications/suits/appeals/all other proceedings within the period of limitation prescribed under general law of limitation or under any special laws (both Central or State). By an order dated 27.03.2020 this Court extended the period of limitation prescribed under general law or special laws whether compoundable or not with effect from 15.03.2020 till further orders. The order dated 15.03.2020 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 opinion that the order dated 15.03.2020 has served its purpose and in view of the changing scenario relating to the pandemic, the extension of limitation should come to an end.
Findings of Court:
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.
Result : Suo Motu Writ Petition disposed of with directions.
ORDER :
1. Due to the onset of COVID-19 pandemic, this Court took suo motu cognizance of the situation arising from difficulties that might be faced by the 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 27.03.2020 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 15.03.2020 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 opinion that the order dated 15.03.2020 has served its purpose and in view of the changing scenario relating to the pandemic, the extension of limitation should come to an end.
2. We have considered the suggestions of the learned Attorney General for India regarding the future course of action. We deem it appropriate to issue the following directions:
2. In cases where the limitation would have expired during the period between 15.03.2020 till 14.03.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 15.03.2021. In the event the actual balance period of limitation remaining, with effect from 15.03.2021, is greater than 90 days, that longer period shall apply.
3. The period from 15.03.2020 till 14.03.2021 shall also stand excluded in computing the periods prescribed under Sections 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone 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.”
3. The Suo Motu Writ Petition is disposed of accordingly.
In cases where limitation would have expired during period between 15.03.2020 till 02.10.2021, notwithstanding actual balance period of limitation remaining, all persons shall have a limitation perio....
The main legal point established is the authority of the Court to extend the period of limitation in all proceedings before the Courts/Tribunals due to exceptional circumstances such as the COVID19 p....
The main legal point established in the judgment is the court's authority to extend limitation periods and provide specific guidelines for legal proceedings under extraordinary circumstances such as ....
The court's decision was influenced by the recent directions of the Supreme Court of India regarding the exclusion and restoration of the limitation period for all proceedings during the COVID-19 pan....
The main legal point established is the extension of interim orders and the impact of the COVID-19 pandemic on legal proceedings and limitation periods.
The court allowed the extension of time to conclude the arbitration proceedings due to the delay caused by the COVID-19 pandemic and the subsequent orders passed by the Supreme Court extending the pe....
The court upheld the extension of the arbitral tribunal's mandate due to judicial suspensions of limitation periods arising from the COVID-19 pandemic, emphasizing adherence to Supreme Court directiv....
The main legal point established in the judgment is that the limitation to challenge an award continued during the COVID-19 pandemic, and there was no need to file an application for condonation of d....
The court ruled that pandemic-related limitation exemptions do not apply to suits where the limitation period expired before the onset of the lockdown.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
