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SUPREME COURT OF INDIA
N.V. RAMANA, CJI., L. NAGESWARA RAO, SURYA KANT, JJ.
In Re: Cognizance for Extension of Limitation – Appellant
Miscellaneous Application No. 665 of 2021, SMW (C) No. 3 of 2020
Decided On : 23-09-2021
Corona Pandemic – Extension of period of limitation in all proceedings before Courts/Tribunals including Apex Court w.e.f. 15.03.2020 till further orders – There was a second surge in COVID-19 cases which had a devastating and debilitating effect – In computing period of limitation for any suit, appeal, application or proceeding, period from 15.03.2020 till 02.10.2021 shall stand excluded – Consequently, balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 03.10.2021 – 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 period of 90 days from 03.10.2021 – In the event actual balance period of limitation remaining, with effect from 03.10.2021, is greater than 90 days, that longer period shall apply – Period from 15.03.2020 till 02.10.2021 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 – Government of India shall amend 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. (Paras 3 and 8)
Facts of the case:
Due to toutbreak of COVID-19 pandemic in March, 2020, this Court took Suo Motu cognizance of the difficulties that might be faced by the litigants 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 and/or State). On 23.03.2020, this Court directed extension of period of limitation in all proceedings before the Courts/Tribunals including this Court w.e.f. 15.03.2020 till further orders.
Findings of Court:
Order dated 23.03.2020 was passed in view of extraordinary health crisis. On 08.03.2021, order dated 23.03.2020 was brought to an end, permitting the relaxation of period of limitation between 15.03.2020 and 14.03.2021. While doing so, it was made clear that the period of limitation would start from 15.03.2021. As the said order dated 08.03.2021 was only a one-time measure, in view of the pandemic, we are not inclined to modify the conditions contained in the order dated 08.03.2021.
Result : M.A. disposed of with directions.
ORDER :
1. Due to the outbreak of COVID-19 pandemic in March, 2020, this Court took Suo Motu cognizance of the difficulties that might be faced by the litigants 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 and/or State). On 23.03.2020, this Court directed extension of the period of limitation in all proceedings before the Courts/Tribunals including this Court w.e.f. 15.03.2020 till further orders.
2. Considering the reduction in prevalence of COVID-19 virus and normalcy being restored, the following order was passed in the Suo Motu proceedings on 08.03.2021:
(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 periods 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. Thereafter, there was a second surge in COVID-19 cases which had a devastating and debilitating effect. The Supreme Court Advocates on Record Association (SCAORA) intervened in the Suo Motu proceedings by filing Miscellaneous Application No. 665 of 2021 seeking restoration of the order dated 23.03.2020. Acceding to the request made by SCAORA, this Court passed the following order on 27.04.2021:
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 (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe periods of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings.
We have passed this order in exercise of our powers under Article 142 read with Article 141 of the Constitution of India. Hence it shall be a binding order within the meaning of
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