Supreme Court on March 8, 2021, Monday decided to end the extension of limitation period which was granted for filing appeals in March 2020 to litigants due to COVID-19 pandemic situation. The apex court had on March 23 last year invoked its plenary power under Article 142 of the Constitution to extend the limitation period of appeals from courts or tribunals on account of the pandemic with effect from March 15, 2020.
Attorney General K. K. Venugopal earlier urged the Supreme Court that litigants be given 90 more days as the limitation period for filing appeals as the earlier order on the issue which was passed due to the COVID-19 pandemic situation has been lifted. He suggested in computing the period of limitation, period from March 15, 2020 to March 14, 2021 should be excluded. The balance period of limitation remaining as on March 15, 2020 shall be available with effect from March 15, 2021. All people shall have an extra period of 90 days with effect from March 15, 2021. If the balance period available is greater than 90 days, the greater period will be available for limitation with effect from March 15, 2021, the law officer said in his note.
A bench of Chief Justice S. A. Bobde and Justices L. Nageswara Rao and S. Ravindra Bhat had been extending the limitation period by interim orders and finally decided to put an end to this keeping in mind the improved situation in the country and the fact that courts have started functioning.
The apex court said its order would be applicable in cases including those under the Arbitration and Conciliation Act, the Commercial Courts Act and the cheque bounce cases under the Negotiable Instruments Act. The bench asked the Central Government to amend the guidelines for containment zones and to say: “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.”
The Hon’ble Supreme Court in its judgment stated that:
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.
In cases where the limitation would have expired during the period between 15.03.2020 till 14.03.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 15.03.2021. In the event the actual balance period of limitation remaining, with effect from 15.03.2021, is greater than 90 days, that longer period shall apply.
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 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.
Effects in IP:
All the deadlines related to Intellectual Property falling between March 15, 2020 to March 14, 2021 will get 90 days extension from March 15, 2021.
Source: Suo Motu Writ Petition (Civil) No.3 of 2020
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