Sunday 16 May 2021

Supreme Court has Suo motto extended limitation of all proceedings from 14-3-2021 till further orders.

 We also take judicial notice of the fact that the steep

rise in COVID-19 Virus cases is not limited to Delhi alone but

it has engulfed the entire nation. The extraordinary situation

caused by the sudden and second outburst of COVID-19 Virus,

thus, requires extraordinary measures to minimize the hardship

of litigant–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.

It is further clarified that the period from 14th March,

2021 till further orders 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.

We have passed this order in exercise of our powers under

Article 142 read with Article 141 of the Constitution of

India. Hence it shall be a binding order within the meaning of

Article 141 on all Courts/Tribunals and Authorities.


S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Miscellaneous Application No. 665/2021 in SMW(C) No. 3/2020

IN RE COGNIZANCE FOR EXTENSION OF LIMITATION 


Date : 27-04-2021 This Application was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SURYA KANT

HON'BLE MR. JUSTICE A.S. BOPANNA


The Court is convened through Video Conferencing.

This Court took suo motu cognizance of the situation

arising out of the challenge faced by the country on account

of 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 mode, extension of limitation was regulated and

brought to an end. The suo motu proceedings were, thus,

disposed of issuing 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.”

Supreme Court Advocate on Record Association (SCAORA) has

now through this Interlocutory Application highlighted the

daily surge in COVID cases in Delhi and how difficult it has

become for the Advocates-on-Record and the litigants to

institute cases in Supreme Court and other courts in Delhi.

Consequently, restoration of the order dated 23rd March, 2020

has been prayed for.

We have heard Mr. Shivaji M. Jadhav, President SCAORA in

support of the prayer made in this application. Learned

Attorney General and Learned Solicitor General have also given

their valuable suggestions.

We also take judicial notice of the fact that the steep

rise in COVID-19 Virus cases is not limited to Delhi alone but

it has engulfed the entire nation. The extraordinary situation

caused by the sudden and second outburst of COVID-19 Virus,

thus, requires extraordinary measures to minimize the hardship

of litigant–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.

It is further clarified that the period from 14th March,

2021 till further orders 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.

We have passed this order in exercise of our powers under

Article 142 read with Article 141 of the Constitution of

India. Hence it shall be a binding order within the meaning of

Article 141 on all Courts/Tribunals and Authorities.

This order may be brought to the notice of all High

Courts for being communicated to all subordinate

courts/Tribunals within their respective jurisdiction.

Issue notice to all the Registrars General of the High

Courts, returnable in 6 weeks.


List the Miscellaneous Application on 19th July, 2021.


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