| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Covid-19 Pandemic |
| Content Type | Text |
| Resource Type | Law Order |
| Jurisdiction | India |
| Case Type | Suo Moto Writ Petition |
| Court | Supreme Court of India |
| Disposal Nature | Others |
| Headnote | Covid-19 Pandemic – Limitation, extension of – On 23.03.2020, this Court had directed extension of the period of limitation in all proceedings before the Courts/Tribunals including this Court w.e.f. 15.03.2020 till further orders – On 08.03.2021, since there was reduction in prevalence of Covid-19 virus, an order was passed that in computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 14.03.2021 would be excluded – Thereafter, there was a second surge in COVID-19 cases which had a devastating and debilitating effect – MA no.665 of 2021 was filed by Advocates on Record Association seeking restoration of Order dated 23.03.2020 – Order dated 23.03.2020 was restored and in continuation of the order dated 08.03.2021, with directions 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 – 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, therefore, MA no.665 of 2021 is disposed of with following directions: 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 15.03.2020, if any, shall become available with effect from 03.10.2021 – 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 longerperiod shall apply – The period from 15.03.2020 till 02.10.2021 shall also stand excluded in computing the periods prescribed under ss.23 (4) and 29A of the Arbitration and Conciliation Act, 1996, s.12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of s.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 – 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.” |
| Judge | N/A |
| Neutral Citation | 2021 INSC 536 |
| Petitioner | In Re: Cognizance For Extension Of Limitationmiscellaneous Application No. 665 Of 2021 In (smw (c) No. 3 Of 2020) |
| SCR | [2021] 7 S.C.R. 1099 |
| Judgement Date | 2021-09-23 |
| Case Number | 3 |
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