The court's decision was influenced by the need to address the surge in Covid-19 cases and the resulting impact on judicial proceedings, leading to the revival and extension of the interim order passed on 19.05.2021.

ORDER :

S.Manikumar, J.

In view of the surge in Covid-19 cases and lockdown declared by the Government of India and State of Kerala and taking note of the inconvenience faced by the litigants in approaching the courts for ventilating the grievances, on 19.5.2021, a Full Bench of this Court in suo motu W.P. (C)No.11316 of 2021 passed a detailed order. We also passed orders directing the State/Central/public sector undertakings not to take steps for recovery.

2. Subsequently, order dated 19.05.2021 has been modified to certain extent. Taking note of the closure of the suo motu writ petition initiated by the Hon’ble Supreme Court, a Full Bench of this court closed the suo motu writ petition on 06.08.2021.

3. Now, in Miscellaneous Application Nos.21 of 2022 and 29 of 2022 in Miscellaneous Application No.665 of 2021 in Suo Motu Writ Petition (C) No.3 of 2020, the Hon’ble Supreme Court of India, taking note of the arguments advanced by the learned counsel, the impact of the surge of the virus on public health and adversities faced by the litigants in the prevailing conditions, while disposing of M.A.No.21 of 2022, has passed the following directions:

“I. The order dated 23.03.2020 is restored and in continuation of the subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that the period from 15.03.2020 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi judicial proceedings.

II. Consequently, the balance period of limitation remaining as on 03.10.2021, if any, shall become available with effect from 01.03.2022.

III. In cases where the limitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022. In the event the actual balance period of limitation remaining, with effect from 01.03.2022 is greater than 90 days, that longer period shall apply.

IV. It is further clarified that the period from 15.03.2020 till 28.02.2022 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. Test Positivity Rate in Kerala as on 17.01.2022 is 33.06%. Cases of Covid-19 are alarmingly increasing. Outbreak of the surge, has certainly put the litigants, lawyers and even the functioning of the court in difficult stage. Hence a Full Bench of this court resolved that all the proceedings in the High Court, as well as the courts in district judiciary would revert to virtual mode of hearing. On the administration side, appropriate directions have been issued as regards the monitoring of the entry of stakeholders and staff besides to adhere to all the Government Orders issued from time to time.

5. Taking note of the orders of the Hon’ble Supreme Court in M.A.No.21 of 2022 dated 10.01.2022, the suo motu writ petition No.11316 of 2021 was directed to be listed and accordingly it is listed today.

6. We also took note of the recent Government Order issued by the Disaster Management (A) Department dated 14.01.2022, which reads thus: