Wednesday 19 October 2022

Last Suo Motu Extension of Limitation by Supreme Court

 We deem it appropriate to dispose of the M.A. No. 21 of 2022 with the following directions:

1. The order dated 23.03.2020 is restored and in continuation

of the subsequent orders dated 08.03.2021, 27.04.2021

and 23.09.2021, it is directed that the period from

15.03.2020 till 28.02.2022 shall stand excluded for the

purposes of limitation as may be prescribed under any

general or special laws in respect of all judicial or quasijudicial

proceedings.

II. Consequently, the balance period of limitation remaining

as on 03.10.2021, if any, shall become available with effect

from 01.03.2022.

III. In cases where the limitation would have expired during

the period between 15.03.2020 till 28.02.2022,

notwithstanding the actual balance period of limitation

remaining, all persons shall have a limitation period of 90

days from 01.03.2022. In the event the actual balance

period of limitation remaining, with effect from 01.03.2022

is greater than 90 days, that longer period shall apply.

IV. It is further clarified that the period from 15.03.2020 till

28.02.2022 shall also stand excluded in computing the

periods prescribed under Sections 23 (4) and 29A of the

Arbitration and Conciliation Act, 1996, Section 12Aof 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.

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINALJURISDICTION

MISCELLANEOUS APPLICATION NO. 21 OF 2022

IN

MISCELLANEOUS APPLICATION NO. 665 OF 2021

IN

SUO MOTU WRIT PETITION eCl NO.3 OF 2020

IN RE: COGNIZANCEFOR EXTENSION OF LIMITATION

WITH

MISCELLANEOUS APPLICATION NO.29 OF 2022

IN

MISCELLANEOUS APPLICATION NO. 665 OF 2021

IN

SUO MOTU WRIT PETITION eCl NO. 3 OF 2020

Dated: January 10, 2022

Order

1. In March, 2020, this 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

Signaturs,NotVerified

by limitation or under any special laws (both Central and/or State)

due to the outbreak of the COVID-19pandemic.

2

'-. On 23.03.2020, this Court directed extension of the period of

limitation in all proceedings before Courts/Tribunals including

this Court w.e.f. 15.03.2020 till further orders. On 08.03.2021,

the order dated 23.03.2020 was brought to an end, permitting

the relaxation of period of limitation between 15.03.2020 and

14.03.2021. While doing so, it was made clear that the period of

limitation would start from 15.03.2021.

3. Thereafter, due to a second surge in COVID-19 cases, the

Supreme Court Advocates on Record Association (SCAORA)

intervened in the Suo Motu proceedings by filing Miscellaneous

Application No. 665 of 2021 seeking restoration of the order

dated 23.03.2020 relaxing limitation. The aforesaid

Miscellaneous Application No.665 of 2021 was disposed of by

this Court vide Order dated 23.09.2021, wherein this Court

extended the period of limitation in all proceedings before the

Courts/Tribunals including this Court w.e.f 15.03.2020 till

02.10.2021.

4. The present Miscellaneous Application has been filed by the

Supreme Court Advocates-on-Record Association in the context

of the spread of the new variant of the COVID-19and the drastic

surge in the number of COVID cases across the country.

Considering the prevailing conditions, the applicants are seeking

the following:

i. allow the present application by restoring the order

dated 23.03.2020 passed by this Hon'ble Court in Suo

Motu Writ Petition (C)NO.3 of 2020 ; and

ii. allow the present application by restoring the order

dated 27.04.2021 passed by this Hon'ble Court in M.A.

no. 665 of 2021 in Suo Motu Writ Petition (C)NO.3 of

2020; and

iii. pass such other order or orders as this Hon'ble Court

may deem fit and proper.

5. Taking into consideration the arguments advanced by learned

counsel and the impact of the surge of the virus on public health

and adversities faced by litigants in the prevailing conditions, we

deem it appropriate to dispose of the M.A. No. 21 of 2022 with

the followingdirections:

1. The order dated 23.03.2020 is restored and in continuation

of the subsequent orders dated 08.03.2021, 27.04.2021

and 23.09.2021, it is directed that the period from

15.03.2020 till 28.02.2022 shall stand excluded for the

purposes of limitation as may be prescribed under any

general or special laws in respect of all judicial or quasijudicial

proceedings.

4

II. Consequently, the balance period of limitation remaining

as on 03.10.2021, if any, shall become available with effect

from 01.03.2022.

III. In cases where the limitation would have expired during

the period between 15.03.2020 till 28.02.2022,

notwithstanding the actual balance period of limitation

remaining, all persons shall have a limitation period of 90

days from 01.03.2022. In the event the actual balance

period of limitation remaining, with effect from 01.03.2022

is greater than 90 days, that longer period shall apply.

IV. It is further clarified that the period from 15.03.2020 till

28.02.2022 shall also stand excluded in computing the

periods prescribed under Sections 23 (4) and 29A of the

Arbitration and Conciliation Act, 1996, Section 12Aof 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.

5

,J. As prayed for by learned Senior Counsel, M.A. No. 29 of 2022 is

dismissed as withdrawn.

. CJI.

(N.V. RAMANA)

..................................J.

(L. NAGESWARA RAO)

...............................J...

(SURYA KANT)

NewDelhi

January 10, 2022

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