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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, J.
Shafeer - Appellant
Versus
Rahul & Ors. - Respondents
M.A.C.A. No. (unnumbered) of 2022, M.A.C.A. No. 2993 of 2022, M.A.C.A. No. 2996 of 2022
Decided On : 05-01-2023
Fact of the Case:
The court addressed objections by the Registry regarding computation of limitation in filing appeals based on exclusion and extension periods granted in a specific case.Finding of the Court:
The court analyzed each appeal's filing defect and calculated the limitation period based on exclusion and extension directives, ultimately directing the Registry to number the appeals.Issues:
Calculation of limitation period based on exclusion and extension directives.Ratio Decidendi:
The court applied the directions provided by the Apex Court in Suo Motu Writ Petition (C) No.3 of 2020 to determine the correct calculation for limitation periods in filing appeals.Final Decision:
The court found that one appeal was filed within time while another had a delay due to incorrect calculation but ultimately directed both appeals to be numbered.ORDER :
Sathish Ninan, J.
Order dated 15th September, 2022
1. 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, 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. From the above the following emerge:-
(ii) In cases where the period of limitation commenced between 15.03.2020 and 28.02.2022, a further period of 90 days from 01.03.2022 is available as the period of limitation. (If longer statutory period is prescribed, the same shall be available).
(iii) In cases where the period of limitation expired during the excluded period (between 15.03.2020 and 28.02.2022), a further limitation period of 90 days from 01.03.2022. (If longer statutory period is prescribed, the same shall be available).
(iv) In cases where the period of limitation commenced prior to 15.03.2020 but had not expired by that date, time will run up to 15.03.2020. The balance period as per the applicable statute would be available from 01.3.2022. If the balance period is less than 90 days, still a period of 90 days shall be available. If the balance period is more than 90 days then the longer period will be available.
(v) In cases where the period of limitation had expired prior to 15.03.2020, only the benefit of exclusion under clause (i) is available.
(vi) The period from 15.03.2020 to 28.02.2022 having been excluded from the purview of limitation, there will be no running of time during the said period. Therefore, if certified copy of an order/judgment delivered between 15.03.2020 and 28.02.2022 is applied for during the said period or after 01.03.2022, delay is to be calculated as if the order/judgment was passed on 01.03.2022.
(vii) Within the extended period of limitation, necessarily, the exclusion provided for under S.12 of the Limitation Act will be available.
5. Now coming to the appeal with filing defect No.2297/2022, the award was passed on 06.12.2021 i.e. during the period of exclusion. Therefore, limitation will commence to run only from 01.03.2022. Copy application was submitted only on 07.05.2022. Therefore, the period from 01.03.2022 till 07.05.2022 has to be deducted
The judgment emphasizes that when computing limitation periods, it is crucial to consider exclusions and extensions as directed by higher courts or specific laws.
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 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 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....
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 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.
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