Restore Extension Of Limitation Period Amid COVID Second Wave : SCAORA Moves Supreme Court
Citing the threat posed by the COVID-19 second wave to litigants and lawyers, the Supreme Court Advocates on Record Association has approached the Supreme Court seeking the extension of limitation period for filing of cases in courts and tribunals.The Association seeks the restoration of the suo moto order passed by the Supreme Court on March 23, 2020, which had extended the limitation...
Citing the threat posed by the COVID-19 second wave to litigants and lawyers, the Supreme Court Advocates on Record Association has approached the Supreme Court seeking the extension of limitation period for filing of cases in courts and tribunals.
The Association seeks the restoration of the suo moto order passed by the Supreme Court on March 23, 2020, which had extended the limitation period with effect from March 15, 2020, until further orders.
Last month, on March 8, 2021, the Supreme Court ended the extension of limitation with effect from 14.03.2021 by closing the suo moto case, observing that the COVID-19 situation has improved.
Saying that there has been a deterioration of the COVID-19 situation since then, the SCAoRA seeks the revival of the limitation extension.
"...after the passing of the above order(of March 8) there has been a considerable and instrumental change in the circumstances all across the country with regard to the Covid cases and the same has taken a serious turn and has also affected the movement of the general public at large", the application says.
On May 6, the Court extended the application of the order to proceedings under Arbitration Act and Section 138 of the Negotiable Instruments Act.
Later, in July 2020, the SC clarified that this order will apply to Section 29A and 23(4) of the Arbitration and Conciliation Act, 1996 and Section 12A of the Commercial Courts Act, 2015.
The bench had passed an order in July last year in the suo moto proceedings allowing the service of notice through WhatsApp and other online messenger services.
While lifting the extension of limitation on March 8 this year, the Supreme Court said that the period from 15.03.2021 to 14.03.2021 will stand excluded from the limitation period.
In cases where the limitation would have expired during the period between 15.03.2020 till14.03.2021, the Court said that notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from15.03.2021. In the event the actual balance period of limitation remaining, with effect from15.03.2021, is greater than 90 days, that longer period shall apply.
The period from 15.03.2020 till 14.03.2021 was also stand excluded in computing the periods prescribed under Sections 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12Aof 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