2022 (1) TMI 385 - SC Order

Liberal interpretation of limitation law by the supreme court in covid-19 phase.

At the beginning of the covid phase, the hon'ble apex court took suo motu cognisance (taking note of a matter without a formal petition) of the difficulties faced by the litigants in filing petitions/ applications/ suits/ appeals/ all other quasi proceedings within the general law of limitation or under any special laws (both Central and/or State) due to the outbreak of the covid-19 pandemic.

The court passed orders IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION [2021 (3) TMI 497 - SC ORDER] dated 08.03.2021, IN RE COGNIZANCE FOR EXTENSION OF LIMITATION [2021 (5) TMI 564 - SC ORDER] dated 27.04.2021 and IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION [2021 (11) TMI 387 - SC ORDER] dated 23.09.2021  having the effect that the balance period of limitation remaining as on 03.10.2021, if any, shall become available with effect from 01.03.2022. Thus where the period of limitation he limitation expires between 15.03.2020 and 28.02.2022, irrespective of the number of days remaining within the period of limitation all persons shall have a limitation period of 90 days from 01.03.2022.

If the balance period of limitation remaining from 01.03.2022 is greater than 90 days, the longer period shall apply.

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, period within which court/tribunal can condone the delay and the termination of proceedings.

In effect the hon'ble apex court while disposing off the present Miscellaneous Application no. 29 of 2022, been kind enough to give a liberal/generous interpretation to the provisions of limitation law during the entire covid-19 phase. 

 

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Full Text:

2022 (1) TMI 385 - SC Order

Extension of limitation period grants a 90-day filing window from March, or the longer balance where applicable. Suo motu measures made the period from 15.03.2020 to 28.02.2022 excluded from computation of limitation and made any balance of limitation available from 01.03.2022; where limitation expired in that window, a 90 day period from 01.03.2022 applies, subject to any longer balance. The exclusion covers arbitration, commercial courts, negotiable instruments and related periods for instituting proceedings, condoning delay and termination timelines.