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    Case Note. Extension of Limitation Period.

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    Swati Singh
    The Supreme Court issued several orders regarding the extension of limitation periods due to the difficulties faced by litigants during the COVID-19 pandemic. [1] The court initially ordered that all limitation periods be extended until further notice. [2] Subsequent orders extended specific limitation periods under arbitration and negotiable instruments laws. [3] A final order excluded the period from March 15, 2020 to March 14, 2021 for calculating limitation periods and provided litigants 90 additional days to file cases where the limitation expired during that period.

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    Case Note. Extension of Limitation Period.

    Uploaded by

    Swati Singh
    18 views3 pages
    The Supreme Court issued several orders regarding the extension of limitation periods due to the difficulties faced by litigants during the COVID-19 pandemic. [1] The court initially ordered that all limitation periods be extended until further notice. [2] Subsequent orders extended specific limitation periods under arbitration and negotiable instruments laws. [3] A final order excluded the period from March 15, 2020 to March 14, 2021 for calculating limitation periods and provided litigants 90 additional days to file cases where the limitation expired during that period.

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    Case note. Extension of Limitation period.

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    The Supreme Court issued several orders regarding the extension of limitation periods due to the difficulties faced by litigants during the COVID-19 pandemic. [1] The court initially ordered that all limitation periods be extended until further notice. [2] Subsequent orders extended specific limitation periods under arbitration and negotiable instruments laws. [3] A final order excluded the period from March 15, 2020 to March 14, 2021 for calculating limitation periods and provided litigants 90 additional days to file cases where the limitation expired during that period.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    18 views3 pages

    Case Note. Extension of Limitation Period.

    Uploaded by

    Swati Singh
    The Supreme Court issued several orders regarding the extension of limitation periods due to the difficulties faced by litigants during the COVID-19 pandemic. [1] The court initially ordered that all limitation periods be extended until further notice. [2] Subsequent orders extended specific limitation periods under arbitration and negotiable instruments laws. [3] A final order excluded the period from March 15, 2020 to March 14, 2021 for calculating limitation periods and provided litigants 90 additional days to file cases where the limitation expired during that period.

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    of 3

    Cognizance of Extension of Limitation, In Re, (2020) 9 SCC 468

    Order dated: 27.03.2020

    In the Suo Moto Writ Petition, the Supreme Court had taken cognizance of the situation arising
    out if the Covid-19 Virus and resultant difficulties faced by litigants across country in fulfilling
    legal proceedings within the period of limitation prescribed under law of limitation 1 or special
    laws.

    In order to obviate such difficulties, the court ordered that limitation period stand extended till
    further order passed by the court in present proceedings.

    The court exercised this power under Art. 142 read with Art. 143 of the Constitution 2 and
    declared that this order is binding and may be brought to the notice of all High Courts for being
    communicated to all subordinate Courts/Tribunals.

    Order dated: 06.05.2020

    In light of this Court's earlier order in the Suo Moto Writ Petition 3, and taking into account the
    effects of the Corona Virus (COVID 19) and resultant difficulties that litigants are facing and in
    order to avoid such difficulties and ensure that lawyers/litigants do not have to come
    physically to file such proceedings in various Courts/Tribunals, across the country including this
    Court, the court ordered that all periods of limitation prescribed under the Arbitration and
    Conciliation Act, 1996 and under sec. 138 of the Negotiable Instruments Act 1881 shall be
    extended with effect from 15.03.2020 till further orders to be passed by this Court.

    Further the court stated, in case the limitation has expired after 15.03.2020 then the period from
    15.03.2020 till the date on which the lockdown is lifted in the jurisdictional area where the
    dispute lies or where the cause of action arises shall be extended for a period of 15 days after the
    lifting of lockdown.

    Order dated: 10.07.2020

    1
    The Limitation Act, 1963.
    2
    The Constitution of India.
    3
    Cognizance of Extension of Limitation, In re, (2020) 19 SCC 10 : 2020 SCC OnLine SC 343
    In Suo Motorola Writ petition (C) No. 3 of 2020 4, by orders dated on 23.03.20205 and 6.5.20206,
    court ordered that all periods of limitation prescribed under the Arbitration and Conciliation Act,
    1996 shall be extended w.e.f. 15-3-2020.

    The court further directed that aforesaid orders shall also apply for extension of time limit for
    passing arbitral award under Sec.29A of the said Act 7. Besides, the aforesaid order shall also
    apply for extension of the time limit prescribed under sec. 23(4) of the said Act8.

    The time prescribed under Sec.12-A of the Commercial Courts Act, 2015 is also liable to be
    extended from the time when lockdown is lifted plus 45 days thereafter.

    Services of all notices, summons and exchange of pleadings may be effected by email, fax,
    commonly used as instant messaging services such as Whatsapp, Telegram, Signal, etc.

    The RBI in its discretion may alter the period of validity of a cheque prescribed by Section 35-A
    of the Banking Regulation Act, 1948 as it thinks fits.

    Order dated: 08.03.2021

    By an order dated 27.03.20209, the 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. The court was of 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.

    Further the court ordered the following directions:

    1. In computing the limitation period of any suit, appeal, application or proceeding from
    15.03.2020 to 14.03.2021 shall be excluded and be available with effect from 15.03.2021.

    4
    Ibid, 9 SCC 468
    5
    Ibid, 19 SCC 10 : 2020 SCC OnLine SC 343
    6
    Ibid, 9: 2020 SCC OnLine SC 434
    7
    The Arbitration and Conciliation Act, 1996.
    8
    Ibid.
    9
    Supra note 5.
    2. In cases where the limitation expired between period of 15.03.2020 to 14.03.2021, all
    persons shall have a limitation period of 90 days from 15.03.2021. If actual balance period of
    limitation is greater than 90 days with effect from 15.03.2021, that longer period shall apply.
    3. The aforesaid direction shall also be applied in computing the period prescribed under Sec.
    24(4) and 29A of the Arbitration and Conciliation Act. 1996, sec. 12A of the Commercial
    Courts Act, 2015 and proviso (b) and (c) of sec.138 of Negotiable Instruments Act, 1881 and
    any other laws which provide the period of limitation.
    4. The GOI shall amend the guidelines for containment zones to state.

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