In a recent order passed in Re: Cognizance for Extension of Limitation1 the Hon'ble Supreme Court has restored the order extending limitation period for filing of cases and applications in courts and tribunals. This development comes as India is witnessing a surge in Covid-19 cases. In this article, we briefly navigate through the background of the matter, and the order passed by the Hon'ble Supreme Court.

Background

Due to the outbreak of Covid-19 global pandemic, the Hon'ble Supreme Court in March 2020 took suo motu cognizance of the difficulties that might be faced by litigants in filing petitions, applications, suits, appeals, and all other proceedings within the period of limitation prescribed by the general law or any special law (both central and state). On 23 March 2020, the Hon'ble Supreme Court directed extension of the period of limitation in all proceedings before the courts and tribunal including the Hon'ble Supreme Court with effect from 15 March 2020 until further orders.

Considering the normalcy being restored and reduction in prevalence of the Covid-19 virus, the Hon'ble Supreme Court on 8 March 2021 decided to withdraw the extension on limitation from 14 March 2021. Thereafter, a second wave of Covid-19 pandemic took over India in 2021 and had a debilitating effect on the nation. The Supreme Court Advocates on Record Association (SCAORA) intervened in the suo motu proceedings and sought an order for restoration of extension of period of limitation. The Apex Court acceding to the request made by SCAORA passed an order on 27 April 2021 restoring the extension of the period of limitation until further orders.

In September 2021, the Election Commission of India filed an application seeking modification of the order extending limitation with respect to election petitions raising concerns on the difficulty of preserving EVMs and election papers indefinitely. The Apex Court on 9 September 2021 held that it would consider recalling the suo motu order with respect to all cases, and not just the election petitions. Accordingly, the Apex Court on 23 September 2021 recalled the limitation extension w.e.f. 2 October 2021. However, the Apex Court was mindful in stating that the recall order was subject to the uncertainties pertaining to the third wave of Covid-19 pandemic.

As India witnessed a sharp rise in the Covid-19 cases in January 2022, the Hon'ble Supreme Court decided to restore the limitation extension. As per the order of the Apex Court dated 10 January 2022, the period from 15 March 2020 to 28 February 2022 would stand excluded for the purpose of limitation.

Order of the Hon'ble Supreme Court

The Hon'ble Supreme Court of India passed the following directions while deciding a miscellaneous application filed by the SCAORA:

  1. The order dated 23.03.2020 is restored and in continuation of the subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that the period from 15.03.2020 till 28.02.2022 shall stand 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.
  1. Consequently, the balance period of limitation remaining as on 03.10.2021, if any, shall become available with effect from 01.03.2022.
  • In cases where the limitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022. In the event the actual balance period of limitation remaining, with effect from 01.03.2022 is greater than 90 days, the longer period shall apply.
  1. It is further clarified that the period from 15.03.2020 till 28.02.2022 shall also stand excluded in computing the periods prescribed under Section 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.

Comment

With India preparing itself to deal with yet another wave of Covid-19 pandemic, the Hon'ble Supreme Court of India has made a timely move. The order dated 10 January 2022 is in recognition of the difficulties faced by the bar as well as the bench on account of the surge witnessed in Covid-19 cases.

Footnote

1In Re: Cognizance for Extension of Limitation, Suo Motu Writ (Civil) No. 3 of 2020.

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