The Supreme Court has recalled the suo motu order of 27 April 2021, which had extended with effect from 14 March 2021 the limitation period for filing of cases in view of the COVID second wave. The Court observed that the suo motu extension of the limitation period will stand withdrawn with effect from 2 October 2021. Supreme Court Bench comprising Chief Justice of India N.V. Ramana, Justice L. Nageswara Rao and Justice Surya Kant delivered these observations in the suo motu case In Re Cognizance For Extension of Limitation.
The Apex Court disposed of the M.A. No.665 of 2021 with the following directions:
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.
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.
The Apex Court had passed an order on 23 March 2020, directing that the period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not stood extended w.e.f. 15 March 2020 till further order/s on account of the COVID-19 pandemic. Thereafter, noticing that the country was returning to normalcy, the extension of limitation was brought to an end by order dated 8 March 2021.
However, taking into account the surge of COVID cases during the second wave, the Supreme Court on 27 April restored the first order (passed on 23 March 2021) and extended the limitation period with effect from 14 March 2021 until further orders.
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