SUPREME COURT OF INDIA
N.V. Ramana, CJI., Surya Kant, A.S. Bopanna, JJ.
In Re Cognizance for Extension of Limitation – Petitioner
Versus
XXXX - Respondent
Miscellaneous Application No. 665 of 2021 in SMW(C) No. 3 of 2020
Decided On : 27-04-2021
Constitution of India, 1950 - Article 142 read with Article 141 - Arbitration and Conciliation Act, 1996 - Sections 23 (4) and 29A - Commercial Courts Act, 2015 - Section 12A - Negotiable Instruments Act, 1881 - Section 138 - Extension of limitation was regulated and brought to an end - Termination - Limitation would have expired during the period till notwithstanding actual balance period of limitation remaining, all persons shall have a limitation period event actual balance period of limitation remaining, with effect longer period shall apply - Period shall also stand excluded in computing the 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 termination of proceedings –Held, Steep rise in COVID-19 Virus cases is not alone but it has engulfed entire nation - Extraordinary situation caused by sudden and second outburst of COVID-19 Virus, thus, requires extraordinary measures to minimize hardship of litigant public in all states – Court restore order and in continuation of the order period(s) of limitation, as prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings, whether condonable or not, shall stand extended till further orders - Orders 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 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 – Court have passed this order in exercise of our powers under Article 142 read with Article 141 of Constitution of India. Hence it shall be a binding order within the meaning of Article 141 on all Courts/Tribunals and Authorities - Order may be brought to the notice of all High Courts for being communicated to all subordinate courts/Tribunals within their respective jurisdiction – Ordered Accordingly.
ORDER :
1. The Court is convened through Video Conferencing.
2. This Court took suo motu cognizance of the situation arising out of the challenge faced by the country on account of COVID-19 Virus and resultant difficulties that could be faced by the litigants across the country. Consequently, it was directed vide order dated 23rd March, 2020 that the period of limitation in filing petitions/ applications/ suits/ appeals/ all other proceedings, irrespective of the period of limitation prescribed under the general or special laws, shall stand extended with effect from 15th March, 2020 till further orders.
3. Thereafter on 8th March, 2021 it was noticed that the country is returning to normalcy and since all the Courts and Tribunals have started functioning either physically or by virtual mode, extension of limitation was regulated and brought to an end. The suo motu proceedings were, thus, disposed of issuing 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.”
4. Supreme Court Advocate on Record Association (SCAORA) has now through this Interlocutory Application highlighted the daily surge in COVID cases in Delhi and how difficult it has become for the Advocates-on-Record and the litigants to institute cases in Supreme Court and other courts in Delhi. Consequently, restoration of the order dated 23rd March, 2020 has been prayed for.
5. We have heard Mr. Shivaji M. Jadhav, President SCAORA in support of the prayer made in this application. Learned Attorney General and Learned Solicitor General have also given their valuable suggestions.
6. We also take judicial notice of the fact that the steep rise in COVID-19 Virus cases is not limited to Delhi alone but it has engulfed the entire nation. The extraordinary situation caused by the sudden and second outburst of COVID-19 Virus, thus, requires extraordinary measures to minimize the hardship of litigant–public in all the states. We, therefore, restore the order dated 23rd March, 2020 and in continuation of the order dated 8th March, 2021 direct that the period(s) of limitation, as prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings, whether condonable or not, shall stand extended till further orders.
7. It is further clarified that the period from 14th March, 2021 till further orders 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 (
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