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BREAKING : Supreme Court Ends Extension Of Limitation; Period From 15.03.2020 To 14.03.2021 Excluded From Limitation Period

LIVELAW NEWS NETWORK
8 March 2021 10:51 AM GMT
BREAKING : Supreme Court Ends Extension Of Limitation; Period From 15.03.2020 To 14.03.2021 Excluded From Limitation Period
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A grace period has been given from 15.03.2021 for filing of cases without limitation.

The Supreme Court on Monday lifted the extension of the limitation period for filing of cases granted by the Court in March last year on account of COVID-19 pandemic and the national lockdown."We are of the opinion that the order dated15.03.2020 has served its purpose and in view of the changing scenario relating to the pandemic, the extension of limitation should come to...

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The Supreme Court on Monday lifted the extension of the limitation period for filing of cases granted by the Court in March last year on account of COVID-19 pandemic and the national lockdown.

"We are of the opinion that the order dated15.03.2020 has served its purpose and in view of the changing scenario relating to the pandemic, the extension of limitation should come to an end", the Court observed.

"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 virtual mode", the bench observed in the order passed in the suo moto case In Re : Cognizance Of Extension Of Limitation.

A bench comprising Chief Justice of India SA Bobde, Justices L Nageswara Rao, and S Ravindra Bhat disposed of the suo moto case with 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 till14.03.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from15.03.2021. In the event the actual balance period of limitation remaining, with effect from15.03.2021, 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 12Aof 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".

It was on March 23 last year that the Supreme Court extended the limitation period for filing in all courts and tribunals with effect from March 15, 2020, until further orders. A bench headed by the Chief Justice of India passed this order suo moto taking note of the difficulties posed by the COVID-19 pandemic.

On May 6, the Court extended the application of the order to proceedings under Arbitration Act and Section 138 of the Negotiable Instruments Act.

Later, in July 2020, the SC clarified that this order will apply to Section 29A and 23(4) of the Arbitration and Conciliation Act, 1996 and Section 12A of the Commercial Courts Act, 2015.

The bench had passed an order in July last year in the suo moto proceedings allowing the service of notice through WhatsApp and other online messenger services.

Case Details

Title : In Re : Cognizance Of Extension Of Limitation

Bench : Chief Justice of India SA Bobde, Justices L Nageswara Rao, S Ravindra Bhat.

Citation : LL 2021 SC 144.










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