1. Suo motu cognizance of difficulties faced by litigants in filing proceedings within limitation periods due to the COVID-19 pandemic. (Para 1 )
Back
Next 
2021 Supreme(SC) 131
SUPREME COURT OF INDIA
S.A. Bobde, CJI., L. Nageswara Rao, S. Ravindra Bhat, JJ.
In Re: Cognizance For Extension Of Limitation - Petitioner
Suo Motu Writ Petition (Civil) No.3 of 2020
Decided On : 08-03-2021
Important Points
IMPORTANT POINT
Corona Pandemic – Post Lockdown – In computing period of limitation for any suit, appeal, application or proceeding, period from 15.03.2020 till 14.03.2021 shall stand excluded and balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021.
Corona Pandemic – Post Lockdown – In computing period of limitation for any suit, appeal, application or proceeding, period from 15.03.2020 till 14.03.2021 shall stand excluded and balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021.
Subject
Civil Law - Limitation
Act Referred
ARBITRATION AND CONCILIATION ACT: S.23(4), S.29(a)
COMMERCIAL COURT ACT: S.12(a)
NEGOTIABLE INSTRUMENTS ACT: S.138(b)
COMMERCIAL COURT ACT: S.12(a)
NEGOTIABLE INSTRUMENTS ACT: S.138(b)
Headnote
Corona Pandemic – Post Lockdown – In computing period of limitation for any suit, appeal, application or proceeding, period from 15.03.2020 till 14.03.2021 shall stand excluded – Consequently, balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021 – In cases where limitation would have expired during period between 15.03.2020 till 14.03.2021, notwithstanding actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 15.03.2021 – In the event actual balance period of limitation remaining, with effect from 15.03.2021, is greater than 90 days, that longer period shall apply – Period from 15.03.2020 till 14.03.2021 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. (Para 2)
Facts of the case:
Due to onset of COVID-19 pandemic, this Court took suo motu cognizance of the situation arising from difficulties that might be faced by the litigants across the country 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 or State). By an order dated 27.03.2020 this Court extended the period of limitation prescribed under general law or special laws whether compoundable or not with effect from 15.03.2020 till further orders. The order dated 15.03.2020 was extended from time to time. Though, we have not seen the end of the pandemic, there is considerable improvement. The lockdown has been lifted and the country is returning to normalcy. Almost all the Courts and Tribunals are functioning either physically or by virtual mode. We are of the opinion that the order dated 15.03.2020 has served its purpose and in view of the changing scenario relating to the pandemic, the extension of limitation should come to an end.
Findings of Court:
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.
Result : Suo Motu Writ Petition disposed of with directions.
Legal Category Hierarchy
Advocates Appeared:
For the parties :K K Venugopal, Tushar Mehta, Kanu Agrawal, Ankur Talwar, B.V. Balram Das, Arvind Kumar Sharma, A. Lakshminarayanan, Ranjan Mukherjee, Sidharth Luthra, Varun K Chopra, Arshdeep Singh Khurana, Akshat Gupta, Gurtejpal Singh, Rajshree Sharma, M/s. VKC LAW OFFICES, Apoorv Kurup, Nidhi Mittal, B. Krishna Prasad, Suchita Dixit, Anilendra Pandey, Madhusudan, Sandeep, Ashwani Kumar, Abhimanyu Tewari, Riddhi Sancheti, Ramesh Babu M. R., Saurabh Mishra, Arjun Garg, Shrutika Garg, Garima Prashad, Archana Sahadeva, Binu Tamta, Krishnanand Pandeya, V. N. Raghupathy, P. H. Parekh, Sameer Parekh, Kshatrashal Raj, Tanya Chaudhry, Pratyusha Priyadarshini, Nitika Pandey, M/S. Parekh & Co., Soumya Chakraborty, Sanjai Kumar Pathak, Arvind Kumar Tripathi, Shashi Pathak, S. Thananjayan, Mayank Kshirsagar, Apoorv Shukla, Aruna Mathur, Avneesh Arputham, M/S. Arputham Aruna And Co, Divyakant Lahoti, Parikshit Ahuja, Praveena Bisht, Vindhya Mehra, Madhur Jhavar, Kartik Lahoti, Rahul Maheshwari, Shivangi Malhotra, Jaigopal Saboo, Mukul Kumar, B.V. Balaram Das, Anannya Ghosh, Aniruddha P. Mayee, Vivek Narayan Sharma, Pranaya Goyal, Nikhil Ranjan, Utkarsh Kulvi, Pranav Saigal, Radhika Gautam, Sarvam Ritam Khare, Advocates
For the parties :K K Venugopal, Tushar Mehta, Kanu Agrawal, Ankur Talwar, B.V. Balram Das, Arvind Kumar Sharma, A. Lakshminarayanan, Ranjan Mukherjee, Sidharth Luthra, Varun K Chopra, Arshdeep Singh Khurana, Akshat Gupta, Gurtejpal Singh, Rajshree Sharma, M/s. VKC LAW OFFICES, Apoorv Kurup, Nidhi Mittal, B. Krishna Prasad, Suchita Dixit, Anilendra Pandey, Madhusudan, Sandeep, Ashwani Kumar, Abhimanyu Tewari, Riddhi Sancheti, Ramesh Babu M. R., Saurabh Mishra, Arjun Garg, Shrutika Garg, Garima Prashad, Archana Sahadeva, Binu Tamta, Krishnanand Pandeya, V. N. Raghupathy, P. H. Parekh, Sameer Parekh, Kshatrashal Raj, Tanya Chaudhry, Pratyusha Priyadarshini, Nitika Pandey, M/S. Parekh & Co., Soumya Chakraborty, Sanjai Kumar Pathak, Arvind Kumar Tripathi, Shashi Pathak, S. Thananjayan, Mayank Kshirsagar, Apoorv Shukla, Aruna Mathur, Avneesh Arputham, M/S. Arputham Aruna And Co, Divyakant Lahoti, Parikshit Ahuja, Praveena Bisht, Vindhya Mehra, Madhur Jhavar, Kartik Lahoti, Rahul Maheshwari, Shivangi Malhotra, Jaigopal Saboo, Mukul Kumar, B.V. Balaram Das, Anannya Ghosh, Aniruddha P. Mayee, Vivek Narayan Sharma, Pranaya Goyal, Nikhil Ranjan, Utkarsh Kulvi, Pranav Saigal, Radhika Gautam, Sarvam Ritam Khare, Advocates
Table of Contents
2. Suggestions provided by the Attorney General for India regarding the future course of action for limitation extensions. (Para 2 )
3. The pandemic situation has improved and courts are functioning, rendering the previous extension of limitation periods unnecessary. (Para 1 )
4. The court may exclude specific timeframes from limitation calculations to ensure litigants are not prejudiced by extraordinary circumstances. (Para 1 , 2 )
5. Exclusion of the period from 15.03.2020 to 14.03.2021 for limitation and granting a minimum 90-day window from 15.03.2021. (Para 2 )
6. How is the period of limitation computed for proceedings affected by the COVID-19 pandemic?
The period from 15.03.2020 to 14.03.2021 is excluded. The balance limitation period remaining as of 15.03.2020 becomes available starting 15.03.2021. (Para 2 )
7. What happens if the limitation period expired between 15.03.2020 and 14.03.2021?
All persons are granted a limitation period of 90 days from 15.03.2021, unless the actual balance period remaining is longer than 90 days. (Para 2 )
8. Which specific statutes are covered by the exclusion of the limitation period?
The exclusion applies to the Arbitration and Conciliation Act (Sections 23(4) and 29A), Commercial Courts Act (Section 12A), Negotiable Instruments Act (Section 138 provisos b and c), and other laws prescribing limitation or outer limits. (Para 2 )
ORDER :
1. Due to the onset of COVID-19 pandemic, this Court took suo motu cognizance of the situation arising from difficulties that might be faced by the litigants across the country 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 or State). By an order dated 27.03.2020 this Court extended the period of limitation prescribed under the general law or special laws whether compoundable or not with effect from 15.03.2020 till further orders. The order dated 15.03.2020 was extended from time to time. Though, we have not seen the end of the pandemic, there is considerable improvement. The lockdown has been lifted and the country is returning to normalcy. Almost all the Courts and Tribunals are functioning either physically or by virtual mode. We are of the opinion that the order dated 15.03.2020 has served its purpose and in view of the changing scenario relating to the pandemic, the extension of limitation should come to an end.
2. We have considered the suggestions of the learned Attorney General for India regarding the future course of action. We deem it appropriate to issue the following directions:
1. In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 14.03.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021.
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 period(s) 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. The Suo Motu Writ Petition is disposed of accordingly.
