“Period from 15.03.2020 till 02.10.2021 shall stand excluded,” Supreme Court ends extension granted wrt Limitation Period to file cases in Courts

“There is consensus that there is no requirement for continuance of the initial order passed by this Court on 23.03.2020 and relaxation of the period of limitation need not be continued any further.”
The Supreme Court has recently ordered that the extension it had granted with respect to limitation period to file cases in courts in view of COVID-19 pandemic situation, would come to an end on October 2, 2021 and the original period of limitation would revive from October, 3.

These observations were made in the Suo Motu case, In Re Cognizance for Extension of Limitation by a bench comprising Chief Justice of India NV Ramana, Justice L Nageswara Rao and Justice Surya Kant.

The Bench disposed of the M.A. No.665 of 2021 passed in April, 2021 and ordered the following directions with respect to exclusion and expiry of dates apropos Limitation period: -

1. In computing the
   period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 02.10.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2021, if any, shall become available with effect from 03.10.2021.
2. In cases where the limitation would have expired during the period between 15.03.2020 till 02.10.2021, notwithstanding the actual balance period of limitation remaining,
   all persons shall have a limitation period of 90 days from 03.10.2021. In the event the actual balance period of limitation remaining, with effect from 03.10.2021, is greater than 90 days, that longer period shall apply.
3. The period from 15.03.2020 till 02.10.2021 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 5 proceedings.
4. The Government of India shall amend the guidelines for containment zones, to state. “Regulated movement will be allowed for medical emergencies, provision of essential goods and services, and other necessary functions, such as, time bound applications, including for legal purposes, and educational and job-related requirements.

Background-

Due to the outbreak of COVID-19 pandemic in March, 2020, the Supreme Court had took Suo Motu cognizance of the difficulties that were likely to be faced by the litigants in filing petitions/ applications, suits, appeals and all other proceedings within the period of limitation prescribed under the general law of limitation or under any special laws (both Central and/or State).

Thereby, on 23.03.2020, the Court directed extension of the period of limitation in all proceedings before the Courts or Tribunals including this Court w.e.f. 15.03.2020 till further orders.

Further, considering the reduction in prevalence of COVID-19 virus and normalcy being restored, an order was passed in the Suo Motu proceedings on 08.03.2021 whereby the directions pertaining to calculation of Limitation Act was put to an end.

The Supreme Court Advocates-on-Record Association had then approached the Supreme Court seeking suspension of limitation periods in view of the surge in COVID-19 cases across the country.

The Supreme Court had then on April 27, 2021 ordered that the limitation period under any general or special laws in respect of all judicial or quasi-judicial proceedings in the country shall stand extended until further orders.

[Case title - IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION]