Case Title: In Re: Cognizance For Extension Of Limitation and IN RE COGNIZANCE FOR EXTENSION OF LIMITATION
The Supreme Court approved a general order extending the limits, whether condonable or not, with effect from March 15 until future orders, with the goal of lowering physical filings in courts and tribunals across the nations during the COVID-19 epidemic.
“It is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws, whether condonable or not, shall stand extended w.e.f. 15th March 2020 until further order/s to be passed by this Court in precedence, in order to avoid such difficulties and to ensure that attorneys/litigants do not have to physically come to file such proceedings in respective Courts/Tribunals across the country, including this Court,” stated the bench comprising former CJI SA Bobde, Justices L Nageshwara Rao and Surya Kant.
Invoking the unique authority granted by Article 142 of the Indian Constitution, the bench issued an order in a suo moto case, declaring that it would be binding on all courts and tribunals in accordance with Article 141.
“We announce that this order is a binding order within the sense of Article 141 on all Courts/Tribunals and authorities by exercising the authority granted to us by Article 142 read with Article 141 of the Indian Constitution.”
When evaluating a miscellaneous application submitted by the SCAORA, the Supreme Court of India issued the following instructions:
In accordance with the subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, the order dated 23.03.2020 is reinstated, and it is directed that the time period from 15.03.2020 to 28.02.2022 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.
As a result, as of 01.03.2022, the remaining term of restriction as of 3.10.2021, if any, will be accessible.
Regardless of the actual balance of the limitation period still left, all parties must have a 90-day limitation term starting on March 1, 2022, in circumstances where the restriction would have expired within the period from March 15, 2020, to February 28, 2022. The lengthier term will be used if the actual balance of the limitation period, as of the first day of March 2022, is higher than 90 days.
It is further stated that the period from 15.03.2020 to 28.02.2022 shall also stand excluded in computing the periods prescribed under Sections 23(4) and 29A of the Arbitration and Conciliation Act of 1996, Section 12A of the Commercial Courts Act of 2015, and Provisos (b) and (c) of Section 138 of the Negotiable Instruments Act of 1881, as well as 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.
All High Courts have been instructed to bring the order to their attention and to inform all lower courts and tribunals within their respective jurisdictions.