SUPREME COURT UPDATES

Supreme Court: Time period from 15.03.2020 to 28.02.2022 will not be considered for limitation wherever stated under any general or special laws with for judicial or quasi-judicial proceedings

February 18, 2022
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In Re: Cognizance for Extension of Limitation  Suo Motu Writ Petition (C) No. 3 of 2020 The Supreme Court held that the time period from 15.03.2020 to 28.02.2022 will not be considered for the purpose of limitation wherever stated under any general or special laws with respect to judicial or quasi-judicial proceedings. 

 

23.03.2020 extension of limitation Order and its Termination: The Supreme Court via its order dated 23.03.2020 held that due to the outbreak of the COVID-19 pandemic, the period of limitation in all types of proceedings before Courts or Tribunals be extended with effect from 15.03.2020 till the date any further orders are passed in the same respect. Thereafter, the Supreme Court, on 08.03.2021, terminated the period of limitation from 15.03.2020 to 14.03.2021. 

Limitation in Second Wave of COVID: Later, the Supreme Court Advocate-On-Record Association (SCAORA) sought reimposition of the order dated 23.03.2020 due to the second wave of the COVID-19 pandemic. Consequently, the Supreme Court stretched the period of limitation for all proceedings with effect from 15.03.2020 to 02.10.2021.  The SCAORA approached the Supreme Court again in respect of the increasing cases of the new variant of COVID-19 throughout the country.

Directions issued by the Supreme Court: The Supreme Court considered the potential impact of the new variant of the COVID-19 on public health and issued the following directions:

  • Order dated 23.03.2020 the Supreme Court directed the 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 23.03.2O2O was brought to an end, permitting the relaxation of period of limitation between 15.03.2020 and 14.03.2021. It was made clear the limitation would run from 15.03.2021. The order dated 23.03.2020 was restored and thereby, the period between 15.03.2020 and 28.02.2022 will not be considered for limitation purposes with respect to all judicial or quasi-judicial proceedings.
  • The remaining period of limitation as on 03.10.2021 will be available again from 01.03.2022.

If the limitation period with respect to any proceedings terminated between 15.03.2020 to 28.02.2022, then a limitation period of 90 days will be available with effect from 01.03.2022 saving the actual remaining period of limitation.  In the event of actual balance of period of limitation  being greater than 90 days, the longer period will apply.

  • Lastly, in respect of Section 12A of the Commercial Courts Act, 2015, Sections 23(4) and 29A of the Arbitration and Conciliation Act, 1996, and provisos (b) and (c) to Section 138 of the Negotiable Instruments Act, 1881 along with outer limits and termination of proceedings, the period between 15.03.2020 and 28.02.2022 will not be considered for calculating the prescribed periods.
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About the author

Muskan Sharma (Student Reporter, Indian Law Watch)

Muskan is a X Semester, B.A. LL.B. (Hons.), Faculty of Law, Jamia Millia Islamia student. She has good researched acumen and has contributed articles in law on different platforms- The Gender Justice & Human Rights” in Legal Eye (A book in the anthology series of JC Foundation); Blueprint of mental health crisis among migrants [Human Rights Defence International Website] ; Nirmala Sitharaman’s announcements for MSMEs on 13th May; 2020 ; Joint Venture Agreement and its Clauses; Plea Bargaining in India and USA – A Comparative Study.

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