We are of the opinion that the order dated 15.03.2020 has served its purpose and in view of the changing scenario relating to the pandemic, the extension of limitation should come to an end.
We have considered the suggestions of the learned Attorney General for India regarding the future course of action. We deem it appropriate to issue the following directions: -
1. In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 14.03.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021.
2. In cases where the limitation would have expired during the period between 15.03.2020 till 14.03.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 15.03.2021. In the event the actual balance period of limitation remaining, with effect from 15.03.2021, is greater than 90 days, that longer period shall apply.
3. The period from 15.03.2020 till 14.03.2021 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 proceedings.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Suo Motu Writ Petition (Civil) No.3 of 2020
IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION.
……. Petitioner (s)
Versus
……Respondent (s)
O R D E R
1. Due to the onset of COVID-19 pandemic, this Court took
suo motu cognizance of the situation arising from difficulties
that might be faced by the litigants across the country in
filing petitions/applications/suits/appeals/all other
proceedings within the period of limitation prescribed under
the general law of limitation or under any special laws (both
Central or State). By an order dated 27.03.2020 this Court
extended the period of limitation prescribed under the
general law or special laws whether compoundable or not
with effect from 15.03.2020 till further orders. The order
dated 15.03.2020 was extended from time to time. Though,
we have not seen the end of the pandemic, there is
considerable improvement. The lockdown has been lifted
and the country is returning to normalcy. Almost all the
Courts and Tribunals are functioning either physically or by
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virtual mode. We are of the opinion that the order dated
15.03.2020 has served its purpose and in view of the
changing scenario relating to the pandemic, the extension of
limitation should come to an end.
2. We have considered the suggestions of the learned
Attorney General for India regarding the future course of
action. We deem it appropriate to issue the following
directions: -
1. In computing the period of limitation for any suit,
appeal, application or proceeding, the period from
15.03.2020 till 14.03.2021 shall stand excluded.
Consequently, the balance period of limitation
remaining as on 15.03.2020, if any, shall become
available with effect from 15.03.2021.
2. In cases where the limitation would have expired
during the period between 15.03.2020 till
14.03.2021, notwithstanding the actual balance
period of limitation remaining, all persons shall
have a limitation period of 90 days from
15.03.2021. In the event the actual balance
period of limitation remaining, with effect from
15.03.2021, is greater than 90 days, that longer
period shall apply.
3. The period from 15.03.2020 till 14.03.2021 shall
also stand excluded in computing the periods
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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.
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.”
3. The Suo Motu Writ Petition is disposed of accordingly.
........................CJI.
[ S. A. BOBDE ]
................................J.
[ L. NAGESWARA RAO ]
..............................J.
[ S. RAVINDRA BHAT ]
New Delhi,
March 08, 2021.
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