2021 (3) TMI 497 - SCH - Indian Laws

Supreme Court Ends COVID-19 Limitation Extension, Excludes Period 15.03.2020-14.03.2021

In Re: Cognizance For Extension of Limitation

The Supreme Court extended the limitation period due to the COVID-19 pandemic until further orders, but later decided to end the extension as the ... Requirement of continuation of extension of limitation - HELD THAT:- The order dated 15.03.2020 was extended from time to time. Though, we have not seen the end of the pandemic, there is considerable improvement. The lockdown has been lifted and the country is returning to normalcy. Almost all the Courts and Tribunals are functioning either physically or by virtual mode - We are of the opinion that the order dated 15.03.2020 has served its purpose and in view of the changing scenario relating to the pandemic, the extension of limitation should come to an end. 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. The Suo Motu Writ Petition is disposed off accordingly. Issues:1. Extension of limitation period due to COVID-19 pandemic.2. Directions for computing the period of limitation.3. Exclusion of time period for various laws.4. Amendment of guidelines for containment zones.Extension of Limitation Period due to COVID-19 Pandemic:The Supreme Court took suo motu cognizance of the challenges faced by litigants during the COVID-19 pandemic in filing petitions and applications within the prescribed period of limitation. An order dated 27.03.2020 extended the limitation period till further orders. With the improvement in the situation and the country returning to normalcy, the Court decided that the extension should come to an end.Directions for Computing the Period of Limitation:Considering the suggestions of the Attorney General for India, the Court issued directions for computing the period of limitation. It was decided that the period from 15.03.2020 till 14.03.2021 would be excluded in calculating the limitation period. Any balance period of limitation remaining as of 15.03.2020 would become available from 15.03.2021. In cases where the limitation would have expired between 15.03.2020 and 14.03.2021, all persons were granted a limitation period of 90 days from 15.03.2021, with a longer period applying if the actual balance period was greater.Exclusion of Time Period for Various Laws:The period from 15.03.2020 till 14.03.2021 was also excluded in computing periods under specific laws such as the Arbitration and Conciliation Act, 1996, Commercial Courts Act, 2015, Negotiable Instruments Act, 1881, and any other laws prescribing limitation periods, outer limits for condoning delays, and termination of proceedings.Amendment of Guidelines for Containment Zones:The Government of India was directed to amend the guidelines for containment zones to allow regulated movement for medical emergencies, essential goods and services, time-bound applications for legal purposes, educational and job-related requirements, and other necessary functions.In conclusion, the Suo Motu Writ Petition was disposed of in accordance with the directions provided by the Supreme Court regarding the limitation period and other related matters in light of the COVID-19 pandemic.