Supreme Court suo moto withdraws Extension of Limitation Period for cases from Oct 2 [Read Order]

Supreme Court - suo moto withdraws extension - Taxscan

The Supreme Court said it would be recalling a previous suo motu order, which extended the limitation period for filing cases in view of the second wave of the coronavirus pandemic. The extension of the limitation period would be withdrawn from October 2, 2021.

“In computing, the period of limitation for any suit, appeal, application, or proceeding, the period from 15.03.2020 till 02.10.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2021, if any, shall become available with effect from 03.10.2021,” the court said.

The three-judge bench headed by the Chief Justice, Justice L. Nageswara Rao, and Justice Surya Kant said that in cases where the limitation would have expired during the period between 15.03.2020 till 02.10.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 03.10.2021. In the event, the actual balance period of limitation remaining, with effect from 03.10.2021, is greater than 90 days, that longer period shall apply.

The period from 15.03.2020 till 02.10.2021 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.

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 Apex Court added.

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