Supreme Court extends limitation period till February 28, 2022 in view of Covid-19 outburst

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The Supreme Court on Monday extended the limitation period till February 28, 2022 in view of the outbreak of COVID-19 in an application filed in Suo Motu writ petition which the court initiated in 2020 during the early days of the pandemic.

A special bench comprising Chief Justice of India NV Ramana, Justice L Nageswara Rao and Justice Surya Kant said, "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."

The order has been passed in furtherance of the application filed by Supreme Court Advocates On Record Association’s (SCAORA) application seeking revival of order of the Supreme Court dated March 23, 2020 extending the statutory limitation period owing to the prevailing pandemic situation.

The bench has further noted that "Consequently, the balance period of limitation remaining as on 03.10.2021, if any, shall become available with effect from 01.03.2022."

 Court has further directed:

I) 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.

II) 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.

Case title: IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION