The Supreme Court, on Tuesday, restored the extension of the limitation period for the filing of cases in courts and tribunals due to the second wave of the COVID-19 pandemic.
The Apex Court took suo motu cognizance of the situation arising out of the challenge faced by the country on account of the COVID-19 Virus and resultant difficulties that could be faced by the litigants across the country. Consequently, it was directed vide order dated 23rd March 2020 that the period of limitation in filing petitions/ applications/ suits/ appeals/ all other proceedings, irrespective of the period of limitation prescribed under the general or special laws, shall stand extended with effect from 15th March 2020 till further orders.
Thereafter on 8th March 2021, it was noticed that the country is returning to normalcy and since all the Courts and Tribunals have started functioning either physically or by virtual model, an extension of limitation was regulated and brought to an end.
The three-judge bench comprising the Chief Justice of India NV Ramana, Justices Surya Kant, and AS Bopanna disposed of the suo motu proceedings by issuing the various directions.
Firstly, in computing the period of limitation for any suit, appeal, application, or proceeding, the period from March 15, 2020, till March 14, 2021, shall stand excluded. Consequently, the balance period of limitation remaining as of March 15, 2020, if any, shall become available with effect from March 15, 2021.
Secondly, in cases where the limitation would have expired during the period between March 15, 2020, till March 14, 2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from March 15, 2021. In the event, the actual balance period of limitation remaining, with effect from March 15, 2021, is greater than 90 days, that longer period shall apply.
Thirdly, the period from March 15, 2020, till March 14, 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.
Fourthly, 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.”
The Bench took judicial notice of the fact that the steep rise in COVID-19 Virus cases is not limited to Delhi alone but has engulfed the entire nation. The extraordinary situation caused by the sudden and second outburst of the COVID-19 Virus, thus, requires extraordinary measures to minimize the hardship of litigants–public 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,” the Bench said.
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