AI Overview...
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Extension of Limitation Period Due to COVID-19 - The period from 15.03.2020 to 28.02.2022 was excluded for limitation calculations across various cases, effectively extending the filing deadlines for suits, appeals, and applications during the pandemic period. Courts recognized this extension, and in some instances, condoned delays caused by COVID-19 disruptions KRUPABEN BHARGAVPURI GOSAI V/s BHARGAVPURI HEMPURI GOSAI - Gujarat, TPS Infrastructure Limited vs Ranchi MSW Pvt. Limited - Delhi, VINOD TARACHAND AGRAWAL VS DEPUTY DIRECTOR, ENFORCEMENT DIRECTORATE - Gujarat, Aditya Khaitan VS IL and FS Financial Services Limited - Supreme Court.
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Condonation of Delay Beyond COVID Extension - Courts have shown willingness to condone delays exceeding the COVID-19 extension period, provided the delay is reasonable and justified. For example, delays of 346 days in filing appeals or applications have been condoned under Section 5 of the Limitation Act, especially when delays are attributable to pandemic-related disruptions SATYAM COMPOSITES PVT. LTD. VS SPIG COOLING TOWERS INDIA PVT. LTD. - Gujarat, DELHI CHEMICAL AND PHARMACEUTICAL WORKS PVT. LTD. VS HIMGIRI REALTORS PVT. LTD. - Delhi.
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Legal Framework for Condonation - Under Section 5 of the Limitation Act, courts have the authority to condone delays beyond the prescribed limitation period, including periods extended due to COVID-19. The courts assess factors such as reasonableness and whether the delay was beyond the control of the party Shivamma (Dead) by LRs. VS Karnataka Housing Board - Supreme Court.
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Specific Case Insights - In recovery suits and money-lending cases, the courts have upheld the maintainability of suits despite delays, especially when the limitation period was extended or condoned. For instance, suits based on dishonoured cheques or money-lending transactions have been deemed maintainable even if filed after the original limitation period, provided the delay is condoned Ganga Taro Vazirani vs Deepak Raheja - Bombay, N. Halkara H. U. F. VS Pradip Bastimal Chopra - Bombay.
Analysis and Conclusion:
The primary insight is that the COVID-19 pandemic led to a temporary extension and exclusion of limitation periods, which courts generally recognize and uphold. Beyond this extension, courts remain sympathetic to condoning reasonable delays, especially under Section 5 of the Limitation Act, considering pandemic-related hardships. Therefore, for money recovery suits filed after the COVID extension period, parties can seek condonation of delay, and courts are inclined to condone such delays if justified.
Search Results for "Condonation of Limitation Period Beyond Covid Extension in Filing Money Recovery Suit"
2024 Supreme(Online)(GUJ) 17246 • India - High Court of Gujarat
MR. JUSTICE BIREN VAISHNAV, MS. JUSTICE NISHA M. THAKORE, JJ
for Extension of Limitation extended the period of limitation from 15.03.2020 to 28.02.2022, excluding this period for computing ... from filing due to the pandemic. ... of limitation when their appeal period had expired before 15.03.2020. ... On 30.08.2019, the respondent herein - IL and FS Financial Services Limited (the plaintiff) filed a ....
• India - Delhi High Court
AMIT BANSAL
based on the exclusion of certain periods for calculating limitation due to COVID-19 pandemic. ... CONDONATION OF DELAY - Condonation of Delay in Filing Written Statement - Order VIII Rule 1 of CPC, Section 8 of Arbitration & Conciliation ... , 2020 till 28th February, 2022 for computing limitation periods. ... Therefore, the delay in filing#....
2021 0 Supreme(Guj) 970 • India - Gujarat
J.B.PARDIWALA, NIRAL R.MEHTA
of limitation with respect to any proceedings that are governed by Limitation Act or by any special Act - Court inclined to condone ... delay of 408 days caused in preferring First Appeal - Civil Application for condonation of delay is allowed. ... Laundering Act, 2002 - Section 42 - Condonation of delay – Offence of Cheating and Criminal Conspiracy – ‘Proceeds of crime’ - Provisional ... In other words, limitati....
2023 7 Supreme 1 • India - Supreme Court
J. K. MAHESHWARI, K. V. VISWANATHAN
Only question that arises for consideration is, was the High Court justified in rejecting application for extension ... had expired after 15.03.2020, period between 15.03.2020 and lifting of lockdown in jurisdictional area would be extended for a period ... suit and therefore, a suit otherwise filed beyond limitation (if the limitation had expired betw....
2021 0 Supreme(Guj) 1103 • India - Gujarat
N. V. ANJARIA, SANDEEP N. BHATT
Extension of limitation period - Arbitration and Conciliation Act, 1996 - Sections 23(4) and 29A - Commercial ... notion about concept of limitation - Limitation for filing written statement provided in Order VIII Rule 1 Proviso is thirty days ... Courts Act, 2015 - Section 12A - Negotiable Instruments Act, 1881 - Section 138(b) and (c) - Petitioner instituted suit for ....
2024 0 Supreme(Cal) 1354 • India - Calcutta
SHAMPA SARKAR
Ratio Decidendi: The court held that the OTS remained valid despite delays in payment, as the bank's acceptance of payments beyond ... the period, even the Hon’ble Apex Court had extended the period of Limitation for filing the petitions in suo motu case No. 3 of ... The extended period of two months (within the extended period of limitation as per the....
2021 0 Supreme(Del) 401 • India - Delhi
RAJIV SAHAI ENDLAW, AMIT BANSAL
2015 - Section 13(1A) - Code of Civil Procedure, 1908 Order XXI Rule 41 – Arbitral Award – Execution of - Attachment of property – Condonation ... of delay of 346 days in filing of the appeal - whether a claim made by one against the other and controverted by the other, on adjudication ... of Limitation having suspended the period of limitation, CM No.11906/2021 for condonation of delay,....
2025 7 Supreme 644 • India - Supreme Court
J. B. PARDIWALA, R. MAHADEVAN
, under Section 5 of Limitation Act, for the purpose of seeking condonation of delay in filing of appeal or application, beyond stipulated ... delay for both prescribed period of limitation as well as period after expiry of limitation, up to actual date of filing of such ... not for delay, but also period taken in ad....
• India - Original Side,Bombay
B. P. COLABAWALLA, J
) Act, 2014 - Section 13(1) and 12A - Summary Suit for recovery of Rs.5,54,00,000/- with interest based on dishonoured cheques issued ... The suit was deemed maintainable despite the defendant's arguments about the absence of pre-institution mediation as required under ... (Paras 26, 35, 36, 37) ... ... (B) Summary Suit - The court ... Cognizance For Extension of Limitation ( dated ....
• India - Bombay
N. J. JAMADAR
Money Lending - Recovery Suit - Commercial Division - [MONEY LENDING] - [RECOVERY SUIT] - [Money-Lending Act, 2014, Section 13 ... It interpreted the legal framework to determine the tenability of the suit, including issues related to illegal money lending, limitation ... It found that the suit was ....
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