IN THE HIGH COURT OF ORISSA, CUTTACK
B.P. Routray, J.
In Re : Court On Its Own Motion - Appellant
Versus
Union Of India & Ors. - Respondents
Writ Petition (Civil) No. 15941 of 2021
Decided On : 29-04-2021
COVID-19 Extension of Limitation - Suo Motu Writ Petition - Article 142, Article 141 - Sections 23(4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015, provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 - The court extended the period of limitation for all judicial or quasi-judicial proceedings and clarified the exclusion of certain periods under specific laws. The order was issued under Article 142 and Article 141 of the Constitution of India, and it was declared binding on all Courts/Tribunals and Authorities.
Fact of the Case:
The Supreme Court had earlier extended the period of limitation for all proceedings due to the COVID-19 pandemic. Subsequently, the extension was regulated and brought to an end, but with the resurgence of COVID-19 cases, the Supreme Court restored the extension of limitation periods.
Finding of the Court:
The court issued directions to extend interim orders, filing deadlines, and other legal proceedings in light of the COVID-19 situation. It clarified the applicability of the extension and provided guidelines for specific legal scenarios.
Issues: Extension of limitation periods, applicability of interim orders, and filing deadlines in the context of the COVID-19 pandemic.
Ratio Decidendi: The court's decision was based on the extraordinary situation caused by the COVID-19 pandemic, and it aimed to minimize the hardship of litigants by extending limitation periods and providing specific guidelines for legal proceedings during the pandemic.
Final Decision: The court issued directions to extend various legal deadlines and interim orders until 30th June, 2021, in response to the resurgence of COVID-19 cases.
ORDER
1. This matter is taken up by video conferencing mode.
2. Heard Mr. Ashok Parija, learned Advocate General for the State of Odisha, Mr. P.K. Parhi, learned Assistant Solicitor General for the Union of India and Mr. D. P. Dash, learned Vice President and Dr. J.K. Lenka, Secretary, Orissa High Court Bar Association.
3. The Supreme Court by order dated 23rd March, 2020 in Suo Motu Writ Petition (Civil) No. 3 of 2020 (In Re: Cognizance for Extension of Limitation) had issued the following directions:
'This Court has taken 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 may be faced by litigants across the country in filing their petitions/applications/suits/ appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under Special Laws (both Central and/or State).
To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings.
We are exercising this power under Article 142 read with Article 141 of the Constitution of India and declare that this order is a binding order within the meaning of Article 141 on all Courts/Tribunals and authorities.
This order may be brought to the notice of all High Courts for being communicated to all subordinate Courts/Tribunals within their respective jurisdiction.
Issue notice to all the Registrars General of the High Courts, returnable in four weeks.'
4. On 8th March 2021 it was noticed that the country was returning to normalcy and all courts and Tribunals had started functioning either physically or by virtual mode. Accordingly, the extension of limitation was regulated and brought to an end by the Supreme Court by an order of that date.
5. On 27th April, 2021, the Supreme Court in an application by the Supreme Court Advocates on Record Association, viz., Miscellaneous Application No. 665 of 2021 in SMW (C) No. 3 of 2020, took note of the resumption of the daily surge in COVID cases in Delhi. The Supreme Court also took judicial notice of the fact that the surge was not limited to Delhi but 'it has engulfed the entire nation'. The following order was, therefore, passed by the Supreme Court:
'The extraordinary situation caused by the sudden and second outburst of COVID-19 Virus, thus, requires extraordinary measures to minimize the hardship of litigantpublic 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.
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 period(s) 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 Article 141 on all Courts/Tribunals and Authorities.
This order may be brought to the notice of all High Courts for being communicated t
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