ARTICLE
18 January 2022

Supreme Court Of India Further Extended The Suspension Of Limitation Period/timelines Under General And Special Laws

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LexOrbis
Contributor
LexOrbis is a premier full-service IP law firm with 270 personnel including 130+ attorneys at its three offices in India namely, New Delhi, Bangalore and Mumbai. The firm provides business oriented and cost-effective solutions for protection, enforcement, transaction, and commercialization of all forms of intellectual property in India and globally. The Firm has been consistently ranked amongst the Top- 5 IP firms in India for over the past one decade and is well-known for managing global patent, designs and trademark portfolios of many technology companies and brand owners.
In view of the spike in new cases of Covid-19, the Hon'ble Supreme Court of India has once again suspended limitation periods and timelines under all general and special laws.
India Litigation, Mediation & Arbitration
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In view of the spike in new cases of Covid-19, the Hon'ble Supreme Court of India has once again suspended limitation periods and timelines under all general and special laws. As per the Order dated January 10, 2022 passed by the Hon'ble Supreme Court of India in an application filed by the Supreme Court Advocates-on-Record Association, the period from March 15, 2020 to February 28, 2022 shall be excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings. Consequently, all limitation periods would now start running from March 1, 2022 and in cases where the limitation period has expired between March 15, 2020 to February 28, 2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from March 1, 2022 i.e. up to May 29, 2022. In case the actual balance period remaining from March 1, 2022 is greater than 90 days then the longer period shall apply.

You would recall that the Hon'ble Supreme Court of India had passed similar orders at the outbreak of the first and second waves of Covid-19 pandemic in 2020 and 2021, respectively. By the Order dated September 23, 2021, the Hon'ble Court had however, withdrew the suspension of limitation period under first and second waves and the limitation period were made effective from October 3, 2021. With the outbreak of third wave in January, 2022, the Hon'ble Court has reconsidered its earlier decision and has resumed the suspension of limitation periods up to February 28, 2022.

A copy of the Order dated January 10, 2022 as passed by the Hon'ble Supreme Court can be found here for your reference.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
18 January 2022

Supreme Court Of India Further Extended The Suspension Of Limitation Period/timelines Under General And Special Laws

India Litigation, Mediation & Arbitration
Contributor
LexOrbis is a premier full-service IP law firm with 270 personnel including 130+ attorneys at its three offices in India namely, New Delhi, Bangalore and Mumbai. The firm provides business oriented and cost-effective solutions for protection, enforcement, transaction, and commercialization of all forms of intellectual property in India and globally. The Firm has been consistently ranked amongst the Top- 5 IP firms in India for over the past one decade and is well-known for managing global patent, designs and trademark portfolios of many technology companies and brand owners.
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