Period from 15th March, 2020 to 28th February, 2022 now stands excluded for the purpose of limitation under any general or special law.

Taking judicial note of the COVID-19 Pandemic, the Hon’ble Supreme Court in Suo Motu Writ Petition (C) No.3 of 2020, from time to time i.e. on 23rd March, 2020, 08th March, 2021, 27.04.2021 and 23.09.2021 issued directions to the effect that the period from 15th March, 2020 to 2nd October, 2021 stood excluded for the purpose of limitation under general and special statutes.

On 10th January, 2020, taking into consideration the spread of the new variant of the COVID-19 virus and the drastic surge in the number of COVID cases and the impact of the surge of the virus on public health and adversities faced by litigants in the prevailing conditions, the Hon’ble Supreme Court in MA No.21 of 2022 in Suo Motu Writ Petition (C) No.3 of 2020 passed the following directions: -

  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, that 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 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.

By - Chaitanyaa Bhandarkar

Top