Supreme Court's Suo Motu Limitation Extension Ended On February 28; Limitation Period Starts Running From Today (March 1)

A Bench comprising the Chief Justice of India, N.V. Ramana, Justices L. Nageswara Rao and Surya Kant accepted the request made by the Supreme Court Advocates-on-Record Association (SCAORA) to restore the orders extending limitation and directed as under -

"I. 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.

II. Consequently, the balance period of limitation remaining as on 03.10.2021, if any, shall become available with effect from 01.03.2022.

III. 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, that longer period shall apply.

IV. 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 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."

On 23.03.2020, the Apex Court for the first time directed the extension of limitation taking suo motu cognisance during the first wave of COVID-19. By way of the said order, the limitation period was extended with effect from 15.03.2020. As the COVID-19 situation improved in the country, on 08.03.2021 the Supreme Court decided to lift the extension with effect from 14.03.2021. It noted -

"We are of the opinion that the order dated 15.03.2020 has served its purpose and in view of the changing scenario relating to the pandemic, the extension of limitation should come to an end"

In the wake of the second wave and taking note of the prevalent "alarming situation" putting litigants in a "difficult situation", the order for extension dated 23.03.2020 was revived on 27.04.2021.

"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 order"

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".

As the second wave subsided, on 25.09.2021, the Apex Court recalled its order dated 27.04.2021 and decided that the extension of limitation period would stand withdrawn with effect from 02.10.2021. Considering the surge in COVID-19 cases during the third wave, the Supreme Court again extended the limitation period, this time till 28.02.2022.