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. We also take judicial notice of the fact that the steep rise in COVID-19 Virus cases is not limited to Delhi alone but it has engulfed the entire nation. The extraordinary situation caused by the sudden and second outburst of COVID-19 Virus, thus, requires extraordinary measures to minimize the hardship of litigant–public in all the states. We, therefore, restore the order dated 23rd March, 2020 and in continuation of the 5 order dated 8th March, 2021 direct that the period(s) of limitation, as prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings, whether condonable or not, shall stand extended till further orders. It is further clarified that the period from 14th March, 2021 till further orders 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. We have passed this order in exercise of our powers under Article 142 read with Article 141 of the Constitution of India. Hence it shall be a binding order within the meaning of Article 141 on all Courts/Tribunals and Authorities.
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ITEM NO.1 Court 1 (Video Conferencing) SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Miscellaneous Application No. 665/2021 in SMW(C) No. 3/2020
IN RE COGNIZANCE FOR EXTENSION OF LIMITATION Petitioner(s)
VERSUS
XXXX Respondent(s)
(FOR ADMISSION and IA No.55867/2021-INTERVENTION/IMPLEADMENT and IA
No.55869/2021-APPROPRIATE ORDERS/DIRECTIONS and IA No.55865/2021-
APPLICATION FOR PERMISSION )
Date : 27-04-2021 This Application was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE A.S. BOPANNA
For the Parties:
For applicant Mr. Shivaji M. Jadhav, Adv.
Mr. Manoj K. Mishra, Adv.
Dr. Joseph S. Aristotle, Adv.
Ms. Diksha Rai, Adv.
Mr. Nikhil Jain, Adv.
Mr. Atulesh Kumar, Adv.
Dr. Aman Hingorani, Adv.
Ms. Anzu Varkey, Adv.
Mr. Sachin Sharma, Adv.
Mr. Aljo Joseph, Adv.
Mr. Varinder Kumar Sharma, Adv.
Mr. Abhinav Ramkrishna, AOR
For Union of Mr. K.K. Venugopal, AG
India Mr. Tushar Mehta, SG
Mr. Rajat Nair, adv.
Mr. Kanu Agrawal, Adv.
Mr. Siddhant Kohli, Adv.
Ms. Chinmayee Chandra, Adv.
Mr. B.V. Balaram, Das, Adv.
For R.No.4 Mr. Divyakant Lahoti, AOR
in SMWP 3/20 Mr. Parikshit Ahuja, Adv.
Ms. Praveena Bisht, Adv.
Ms. Madhur Jhavar, Adv.
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Ms. Vindhya Mehra, Adv.
Mr. Kartik Lahoti,Adv.
Mr. Rahul Maheshwari, Adv.
Mr. Abhimanyu Tewari, Adv.
Ms. Eliza Barr, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The Court is convened through Video Conferencing.
This Court took suo motu cognizance of the situation
arising out of the challenge faced by the country on account
of COVID-19 Virus and resultant difficulties that could be
faced by the litigants across the country. Consequently, it
was directed vide order dated 23rd March, 2020 that the period
of limitation in filing petitions/ applications/ suits/
appeals/ all other proceedings, irrespective of the period of
limitation prescribed under the general or special laws, shall
stand extended with effect from 15th March, 2020 till further
orders.
Thereafter on 8th March, 2021 it was noticed that the
country is returning to normalcy and since all the Courts and
Tribunals have started functioning either physically or by
virtual mode, extension of limitation was regulated and
brought to an end. The suo motu proceedings were, thus,
disposed of issuing the following directions:
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“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.
4. The Government of India shall amend the
guidelines for containment zones, to state.
4
“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.”
Supreme Court Advocate on Record Association (SCAORA) has
now through this Interlocutory Application highlighted the
daily surge in COVID cases in Delhi and how difficult it has
become for the Advocates-on-Record and the litigants to
institute cases in Supreme Court and other courts in Delhi.
Consequently, restoration of the order dated 23rd March, 2020
has been prayed for.
We have heard Mr. Shivaji M. Jadhav, President SCAORA in
support of the prayer made in this application. Learned
Attorney General and Learned Solicitor General have also given
their valuable suggestions.
We also take judicial notice of the fact that the steep
rise in COVID-19 Virus cases is not limited to Delhi alone but
it has engulfed the entire nation. The extraordinary situation
caused by the sudden and second outburst of COVID-19 Virus,
thus, requires extraordinary measures to minimize the hardship
of litigant–public in all the states. We, therefore, restore
the order dated 23rd March, 2020 and in continuation of the
5
order dated 8th March, 2021 direct that the period(s) of
limitation, as prescribed under any general or special laws
in respect of all judicial or quasi-judicial proceedings,
whether condonable or not, shall stand extended till further
orders.
It is further clarified that the period from 14th March,
2021 till further orders 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.
We have passed this order in exercise of our powers under
Article 142 read with Article 141 of the Constitution of
India. Hence it shall be a binding order within the meaning of
Article 141 on all Courts/Tribunals and Authorities.
This order may be brought to the notice of all High
Courts for being communicated to all subordinate
courts/Tribunals within their respective jurisdiction.
Issue notice to all the Registrars General of the High
Courts, returnable in 6 weeks.
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List the Miscellaneous Application on 19th July, 2021.
(NEELAM GULATI) (RAJ RANI NEGI)
ASTT. REGISTRAR-cum-PS DY. REGISTRAR
