Extension Of The Period Of Limitation Of Proceedings During Covid-19: The Supreme Court Of India

CASE TITLE:
In Re: Cognizance For Extension of Limitation.

DATE OF ORDER:
8 March 2021.

JUDGE(S):
Hon’ble Mr. Justice A.S. Bopanna, V. Ramasubramanian.

SUBJECT

In the present case, the Court is dealing with a Suo Motu cognizance of the difficulties that might be faced by the litigants in filing petitions/ applications/ suits/ appeals/ all other quasi proceedings within the period of limitation prescribed under the general law of limitation or under any special laws (both Central and/or State) due to outbreak of the COVID-19 pandemic.

BRIEF OF THE ORDER

• In the present case, the Court took Suo Motu cognizance of the difficulties that might be faced by the litigants in filing petitions/ applications/ suits/ appeals/ all other quasi proceedings within the period of limitation prescribed under the general law of limitation or under any special laws (both Central and/or State) due to outbreak of the COVID-19 pandemic in March 2020.
• The Court directed to extend the period of limitation in all proceedings which are held before Courts/ Tribunals including this Court by an Order dated 23 March 2020 till any further orders were given.
• On 8 March 2021, the above stated order was brought to an end. It permitted the relaxation of period of limitation between 15 March 2020 and 14 March 2021. The Court also made it clear that the limitation period will start from 15 March 2021.
• The Supreme Court Advocates on Record Association (hereinafter to be referred as “SCAORA’) intervened in this Suo Motu proceedings by filing a Miscellaneous Application due to the second surge in COVID-19 cases. They were seeking to restore the previous Order dated 23 March 2020.
• The aforesaid Miscellaneous Application (hereinafter to be referred as “M.A.”) was disposed of by the Court by an Order dated 23 September 2021. Herein, the Court extended the period of limitation in all proceedings before the Courts/ Tribunals including this Court till 2 October 2021.
• The SCAORA has filed the present application mainly on two context-

1. The spread of the new variant of the COVID-19.
2. The drastic surge in the number of COVID cases across the country.

• The applicants were seeking the following-

1. To allow the present application by restoring the Order dated 23 March 2020 passed by this Hon’ble Court in Suo Motu Writ Petition.
2. To allow the present application by restoring the Order dated 27 April 2021 passed by this Hon’ble Court.
3. To pass such other order or orders as this Hon’ble Court may deem fit and proper.

• The Court dismissed the M.A. with the following directions-

1. The order dated 23 March 2020 was restored and it was directed that the period from 15 March 2020 till 28 February 2022 shall stand excluded for the purposes of limitation.
2. The balance period of limitation remaining on 3 October 2021 shall become available with effect from 1 March 2022.
3. In those cases where the limitation would have expired during the period of 15 March 2020 till 28 February 2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 1 March 2022. In the event the actual balance period of limitation remaining, with effect from 1 March 2022 is greater than 90 days, that longer period shall apply.
4. It was also clarified that the period from 15 March 2020 till 28 February 2022 shall be excluded while computing the periods prescribed under Sections 23 (4) and 29 A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisions (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws which prescribe period of limitation for instituting proceedings, other limits and termination of proceedings.

CONCLUSION

The Court did not left any loopholes to understand the difficulties faced by the applicants during the pandemic. It took consideration of all the parties and gave a fruitful judgement.

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