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 following directions:
I. 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 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.
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
MISCELLANEOUS APPLICATION NO. 21 OF 2022
IN
MISCELLANEOUS APPLICATION NO. 665 OF 2021
IN
SUO MOTU WRIT PETITION (C) NO. 3 OF 2020
IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION
WITH
MISCELLANEOUS APPLICATION NO.29 OF 2022
IN
MISCELLANEOUS APPLICATION NO. 665 OF 2021
IN
SUO MOTU WRIT PETITION (C) NO. 3 OF 2020
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
limitation or under any special laws (both Central and/or State)
due to the outbreak of the COVID19
pandemic.
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 COVID19
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 AdvocatesonRecord
Association in the context
of the spread of the new variant of the COVID19
and 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 following directions:
I. 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 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.
6. 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)
New Delhi
January 10, 2022
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