The Supreme Court of India has extended the limitation period for filing petitions, applications, suits and appeals under all general and special laws before the Courts and Tribunals till further orders.
A three Judges bench of the Chief Justice of India N.V. Ramana, Justice Surya Kant and Justice A.S. Bopanna stated, “the steep rise in COVID-19 Virus cases is not limited to Delhi alone but it has engulfed the entire nation. The extraordinary situation caused by the sudden and second outburst of COVID-19 Virus, thus, requires extraordinary measures to minimize the hardship of litigant–public in all the states.”
The application has been moved by the Supreme Court Advocates-On-Record Association (SCAORA) seeking extension of limitation period for filing petitions, applications, suits and appeals under all general and special laws before the Courts and Tribunals in view of the sudden increase in COVID-19 cases across the Country.
Earlier, yesterday the Chief Justice stated that we are extending it till July 15, 2021 in the same lines as that we earlier did.
However, Venugopal while drawing the attention of the Court towards the prayer and asked for a few changes in the language.
To which, the Chief Justice said, “We are Reading the last para If you have any problem in that, all the limitation period prescribed under various laws are required to be extended…be extended till 15/7/2020…”
The Bench was facing some technical issues in the Court room with the mic and the speakers, however, it had asked the Attorney General and the Solicitor General to send their notes in writing.
However, through its order the bench stated, “We, therefore, restore the order dated 23rd March, 2020 and in continuation of the order dated 8th March, 2021 direct 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.
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It is further clarified that the period from 14th March, 2021 till further orders shall also stand excluded in computing the periods prescribed under Sections 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.”
The bench has liste the miscellaneous application for July 19.
10651-2021-31-1-27776-Order-27-Apr-2021-1