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SATHISH NINAN
Shafeer – Appellant
Versus
Rahul – Respondent
ORDER :
On objections by the Registry regarding the computation by the appellants regarding the period of limitation in filing of these appeals, the memorandums have been placed before the Court as unnumbered appeals.
2. Clarification sought is regarding the calculation of limitation in the light of the exclusion and extension of the period of limitation granted in SUO MOTU WRIT PETITION (C) NO. 3 OF 2020 IN RE: CONGIZANCE FOR EXTENSION OF LIMITATION (2022) 3 SCC 117.
3. The directions of the Apex Court are as hereunder:-
(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,
Point of Law : Court not only provided for the extension of period of limitation but also made it clear that in computing the period of limitation for any suit, appeal, application or proceeding, the....
The judgment emphasizes that when computing limitation periods, it is crucial to consider exclusions and extensions as directed by higher courts or specific laws.
The court established that the period from 15.03.2020 to 28.02.2022 is excluded from the limitation calculation due to the COVID-19 pandemic, allowing for the condonation of delay in filing appeals u....
The court ruled that pandemic-related limitation exemptions do not apply to suits where the limitation period expired before the onset of the lockdown.
Section 4 of Limitation Act applies only to 30-day prescribed period under IBC Section 61(2), not 15-day condonable period; vacation benefit unavailable if commencing after 30 days, rendering appeals....
The court emphasized that delays in filing appeals must be satisfactorily explained, and inaction prior to the pandemic does not qualify for condonation under the Limitation Act.
Setting aside or refusing to set aside arbitral award under Section 34 of Act and an appeal lies where an order is passed under Section 34.
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....
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