IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION v .
- Status
- Judgment
- Jurisdiction
- India
- Posture
- Suo Motu Writ Petition (civil) No. 03 of 2020 / Disposed by Order Dated 08.03.2021
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Professional case brief
Research organized from the available case record
01
Holding and result
The Court held that the temporary blanket extension of limitation granted since 15.03.2020 has served its purpose and must end; consequently the period 15.03.2020 to 14.03.2021 is excluded from computation of limitation, affected matters get a residual availability of the balance period from 15.03.2021, and where limitation would have expired in the excluded period all persons have 90 days from 15.03.2021 (or the longer actual balance), with the exclusion expressly applying to specified provisions of arbitration, commercial courts and negotiable instruments statutes; additionally the Government must amend containment zone guidelines to allow regulated movement for time-bound legal purposes.
Court disposition
Suo Motu Writ Petition disposed of by order dated 08.03.2021
Orders
- 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.
- The Government of India shall amend the guidelines for containment zones to state: "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".
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Material facts
Amounts and remedies
- Excluded Period Days: 365
- Grace Period Days From15.03.2021: 90
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Procedural history
Posture
Suo Motu Writ Petition (civil) No. 03 of 2020 / Disposed by Order Dated 08.03.2021
04
Questions and positions
Legal issues
- 01
Whether the period of limitation extended during the COVID-19 pandemic should continue or end
- 02
How to compute limitation periods affected by the exclusionary period from 15.03.2020 to 14.03.2021
- 03
Whether a uniform residual/extension period should be provided where limitation expired during the excluded period
- 04
Whether exclusion should apply to specific statutory provisions including arbitration, commercial courts and negotiable instruments provisions, and whether containment zone guidelines should be amended to permit regulated movement for time-bound legal purposes
Party arguments
- Applicant
- The Court considered suggestions of the Attorney General for India regarding the future course of action to address computation of limitation impacted by the pandemic and to provide a finite residual period for instituting proceedings; specific detailed suggestions are reflected in the directions issued by the Court.
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Court’s reasoning
Legal principles
- 01
Order of the Supreme Court in In Re: Cognizance for Extension of Limitation (Suo Motu Writ Petition (Civil) No. 03 of 2020) dated 08.03.2021
The period from 15.03.2020 till 14.03.2021 shall be excluded in computing the period of limitation for any suit, appeal, application or proceeding.
- 02
Order of the Supreme Court in In Re: Cognizance for Extension of Limitation (Suo Motu Writ Petition (Civil) No. 03 of 2020) dated 08.03.2021
Where limitation would have expired during 15.03.2020 to 14.03.2021, all persons shall have a limitation period of 90 days from 15.03.2021, or the actual balance period if that is longer.
- 03
Order of the Supreme Court in In Re: Cognizance for Extension of Limitation (Suo Motu Writ Petition (Civil) No. 03 of 2020) dated 08.03.2021
The exclusionary period shall apply to 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 to any other laws prescribing limitation periods, outer limits for condonation of delay and termination of proceedings.
- 04
Order of the Supreme Court in In Re: Cognizance for Extension of Limitation (Suo Motu Writ Petition (Civil) No. 03 of 2020) dated 08.03.2021
The Government should amend containment zone guidelines to permit regulated movement for time-bound applications, including legal purposes.
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Ratio, limits and disposition
Ratio decidendi
The Court held that the temporary blanket extension of limitation granted since 15.03.2020 has served its purpose and must end; consequently the period 15.03.2020 to 14.03.2021 is excluded from computation of limitation, affected matters get a residual availability of the balance period from 15.03.2021, and where limitation would have expired in the excluded period all persons have 90 days from 15.03.2021 (or the longer actual balance), with the exclusion expressly applying to specified provisions of arbitration, commercial courts and negotiable instruments statutes; additionally the Government must amend containment zone guidelines to allow regulated movement for time-bound legal purposes.
Obiter and limits
- The Court observed there was considerable improvement in the situation, lockdowns had been lifted and courts/tribunals were functioning either physically or virtually.
- The Court noted that the order dated 15.03.2020 had served its purpose and, in view of the changing pandemic scenario, extension of limitation should come to an end.
Court disposition
Suo Motu Writ Petition disposed of by order dated 08.03.2021
- 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.
- The Government of India shall amend the guidelines for containment zones to state: "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".
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
640
SUPREME COURT REPORTS
[2021] 2 S.C.R. 640
[2021] 2 S.C.R.
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IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION
(Suo Motu Writ Petition (Civil) No. 03 of 2020)
MARCH 08, 2021
[S. A. BOBDE, CJI, L. NAGESWARA RAO AND S. RAVINDRA BHAT, JJ.]
Limitation – Extension of – COVID-19 pandemic – Sou motu cognizance was taken of the situation arising from difficulties faced by the litigants across the country during COVID-19 pandemic in filing petitions/applications/suits/appeals/other proceedings within the prescribed period of limitation under general law of limitation or under special laws (both Central or State) – By an order dated 23.03.2020, the period of limitation was extended with effect from 15.03.2020 and order dated 23.03.2020 was extended from time to time – Considering improvement in the situation and changing scenario relating to pandemic, order dated 23.03.2020 has served its purpose and extension of limitation should come to an end – Regarding the future course of action, the following directions are issued: 1) 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; 2) 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; 3) The period from 15.03.2020 till 14.03.2021 shall also stand excluded in computing the periods prescribed u/ss. 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, s.12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of s.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; 4) The Government of India shall amend the guidelines for containment
640
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IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION
641
zones, to state – “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” – Accordingly, the Suo motu writ petition is disposed of.
CIVIL ORIGINAL JURISDICTION: Suo Moto Writ Petition
(Civil) No. 03 of 2020
(Under Article 32 of the Constitution of India)
By Courts Motion.
K. K. Venugopal, AG, Tushar Mehta, SG, Dushyant Dave, P.H. Parekh, K.V. Vishwanathan, Sidharth Luthra, Soumya Chakraborty, Sr. Advs, Kanu Agrawal, Ankur Talwar, B.V. Balram Das, Zoheb Hossain, M. K. Maroria, Sameer Parekh, Kshatrashal Raj, Ms.Tanya Chaudhry, Ms. Pratyusha Priyadarshini, Ms. Nitika Pandey, M/s Parekh & Co., Varun K. Chopra, Arshdeep Singh Khurana, Akshat Gupta, Gurtejpal Singh, Rajshree Sharma, M/s Vkc Law Offices, Siddhesh Kotwal, Divyansh Tiwari, Ms. Ana Upadhyay, Ms. Manya Hasija, Nirnimesh Dube, Yashvardhan, Apoorv Shukla, Ms. Smita Kant, Ms. Ishita Farsaiya, Ms.Prabhleen Kaur, Ms. Aruna Mathur, Ms. Anuradha Arputham, Avneesh Arputham, M/s Arputham Aruna and Co., Sanjai Kumar Pathak, Arvind Kumar Tripathi, Ms. Shashi Pathak, Divyakant Lahoti, Parikshit Ahuja, Ms. Praveena Bisht, Ms. Vindhya Mehra, Ms. Madhur Jhavar, Kartik Lahoti, Rahul Maheshwari, Jaigopal Saboo, Mukul Kumar, Mahfooz A. Nazki, Polanki Gowtham, Shaik Mohammad Haneef, T.Vijaya Bhaskar Reddy, Amitabh Sinha, Shrey Sharma, Ms. Anannya Ghosh, Aniruddha P. Mayee, Vivek Narayan Sharma, Pranaya Goyal, Nikhil Ranjan, Utkarsh Kulvi, Pranav Saigal, Ms. Radhika Gautam, Sarvam Ritam Khare, Ms. Vrinda Kapoor, Ms. Meena Sehravat, Arvind Kumar Sharma, A. Lakshminarayanan, Ranjan Mukherjee, Aproov Kurup, Ms. Nidhi Mittal, B. Krishna Prasad, Anilendra Pandey, Ms. Suchita Dixit, Sandeep, Madhusudan, Ms. Eliza Bar, Pai Amit, Abhimanyu Tewari, Ms. Riddhi Sancheti, Ramesh Babu M.R., Arjun Garg, Ms. Shrutika Garg, Avijit Mani Tripathi, T.K. Nayak, Ms. Garima Prashad, Ms. Archana Sahadeva, Ms. Binu Tamta, Dhruv Tamta, Krishnanand Pandeya, V.N. Raghupathy, S. Thananjayan, Mayank Kshirsagar, Advs. for the appearing parties.
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642
SUPREME COURT REPORTS
[2021] 2 S.C.R.
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The Order of the Court was passed:
ORDER
1. Due to the onset of COVID-19 pandemic, this Court took suo motu cognizance of the situation arising from difficulties that might be faced by the litigants across the country in filing petitions/applications/ suits/appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under any special laws (both Central or State). By an order dated 27.03.2020 this Court extended the period of limitation prescribed under the general law or special laws whether compoundable or not with effect from 15.03.2020 till further orders. The order dated 15.03.2020 was extended from time to time. Though, we have not seen the end of the pandemic, there is considerable improvement. The lockdown has been lifted and the country is returning to normalcy. Almost all the Courts and Tribunals are functioning either physically or by virtual mode. 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.
2. We have considered the suggestions of the learned Attorney General for India regarding the future course of action. We deem it appropriate to issue the following directions: -
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2.
3.
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,
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IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION
643
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.
4.
The Government of India shall amend the guidelines for containment zones, to state.
“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.”
3. The Suo Motu Writ Petition is disposed of accordingly.
Ankit Gyan
Writ Petition disposed of.
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