Order Extending Limit Restored by SC; In Limitation Computation Within Excluded Period from 14.03.2021

By | April 26, 2022

Order Extending Limit Restored by SC; In Limitation Computation Within Excluded Period from 14.03.2021

CASE LAW DETAILS

Case Name: In Re Cognizance For Extension of Limitation Vs XXXX (Supreme Court of India)

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Appeal Number: Miscellaneous Application No. 665/2021 in SMW(C) No. 3/2020

 Judgment/Order Date: 27/04/2021

 Assessment Year Related :

Courts: Supreme Court of India

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In Re Cognizance For Extension of Limitation Vs XXXX (Supreme Court of India)

COMPLETE TEXT OF THE SUPREME COURT JUDGMENT/ORDER

This Court took suo motu cognizance of things arising out of the challenge faced by the country on account of the COVID-19 Virus and resultant difficulties that might be faced by the litigants within the country. Consequently, it absolutely was directed vide order dated 23rd March 2020 that the amount of limitation in filing petitions/ applications/ suits/ appeals/ all different proceedings, regardless of the amount of limitation prescribed under the overall or special laws, shall stand extended with impact from 15th March 2020 until any further orders.

 Thereafter on 8th  March 2021 it absolutely was noticed that the country is returning to normalcy and since all the Courts and Tribunals have started functioning either physically or by virtual mode, the extension of limitation was regulated associated dropped at a finish. The suo motu proceedings were, thus, disposed of the issue in the subsequent directions:

 “1. In computing the amount of limitation for any suit, appeal, application, or continuing, the amount from 15.03.2020 until 14.03.2021 shall stand excluded. Consequently, the balance amount of limitation remaining as of 15.03.2020, if any, shall become accessible with impact from 15.03.2021.

2. In cases wherever the limitation would have invalid throughout the amount between 15.03.2020 until 14.03.2021, still the particular balance amount of limitation remaining, all persons shall have a limited amount of 90 days from 15.03.2021. within the event, the particular balance amount of limitation remaining, with impact from 15.03.2021, is larger than 90 days, that longer amount shall apply.

 3. The amount from 15.03.2020 until 14.03.2021 shall additionally 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 the other laws, that dictate period(s) of limitation for instituting proceedings, outer limits (within that the court or court will forgive delay) and termination of proceedings.

4.  The govt. of Bharat shall amend the rules for containment zones, to state.

              “Regulated movement is allowed for medical emergencies, provision of essential product and services, and different necessary functions, such as time sure applications, as well as for legal functions, and academic and job-related necessities.”

     Supreme Court Advocate on Record Association (SCAORA) has currently through this talk Application highlighted the daily surge in COVID cases in Delhi and the way troublesome it’s become for the Advocates-on-Record and therefore the litigants to institute cases in Supreme Court and different courts in Delhi. Consequently, restoration of the order dated 23rd  March 2020 has been prayed for.

    We’ve detected Mr. Shivaji M. Jadhav, President of SCAORA in support of the prayer created during this application. Learned Attorney General and Learned Solicitor officer have conjointly given their valuable suggestions.

      We have a tendency to conjointly take judicial notice of the actual fact that the steep rise in COVID-19 Virus cases isn’t restricted to Delhi alone however it’s engulfed the complete nation. The extraordinary scenario caused by the abrupt and second outburst of the COVID-19 Virus, thus, needs extraordinary measures to reduce the hardship of the litigant–the public altogether the states. We, therefore, restore the order dated 23rd  March 2020 and in continuation of the order dated eighth March 2021 direct that the period(s) of limitation, as prescribed under any of the general or special laws in respect of all judicial or quasi-judicial proceedings, whether or not condonable or not, shall stand extended until more orders

.      It’s more processed than the amount from 14th March 2021 until more orders shall conjointly 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 the other laws, that inflict period(s) of limitation for instituting proceedings, outer limits (within that the court or assembly will excuse delay) and termination of proceedings.

We have passed this order in exercise of our powers under Article 142 browse with Article 141 of the Constitution of India. thus it shall be a binding order at intervals that means of Article 141 on all Courts/Tribunals and Authorities. This order is also dropped at the notice of all High Courts for being communicated to all or any subordinate courts/Tribunals at intervals in their various jurisdiction. Issue notice to all or any of the Registrars General of the High Courts, revertible in a maximum of 6  weeks.

Miscellaneous Application listed on  on19th July 2021.

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