Case Title:
Re: Cognizance for Extension of Limitation
The Hon'ble Supreme Court has restored the order extending the limitation period for filing of cases and applications in courts and tribunals. This development took place as India had witnessed a surge in Covid-19 cases.
Due to the outbreak of Covid-19 global pandemic, the Supreme Court in March 2020 took suo motu cognizance of the difficulties that might be faced by litigants in filing petitions, applications, suits, appeals, and all other proceedings within the period of limitation prescribed by the general law or any special law and directed extension of the period of limitation in all proceedings before the courts and tribunal.
In the instant case titled, Suo Motu Writ the issue raised before the Supreme Court was:
Whether there should be an order for restoration or extension of the period of limitation?
With regard to the issue, on April 27, 2021, the Apex Court granted SCAORA's plea and issued an order restoring the extension of the statute of limitations pending further orders.
The Election Commission of India filed a request for modification of the judgement extending limitation with respect to election petitions in September 2021, expressing concerns about the challenge of permanently keeping EVMs and election papers.
On September 9, 2021, the Supreme Court declared that all cases, not just the election petitions, will be taken into consideration while deciding whether to recall the suo motu order. In light of this, the Apex Court revoked the extension of the limitation period as of 2 October 2021 on September 23, 2021.
The Hon'ble Supreme Court decided to restore the limitation extension. As per the order of the Apex Court dated 10 January 2022, the period from 15 March 2020 to 28 February 2022 would stand excluded for the purpose of limitation.
The court categorically held that:
1. 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 quasi-judicial proceedings.
2. Consequently, the balance period of limitation remaining as on 03.10.2021, if any, shall become available with effect from 01.03.2022.
3. 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, the longer period shall apply.
4. 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 Section 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.