IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION versus .

IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION versus .

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.

Jurisdiction
India
Judgment Date
08 March 2021
Procedural Posture
Suo Motu Writ Petition (civil) No. 03 of 2020 / Disposed by Order Dated 08.03.2021
Outcome
Suo Motu Writ Petition disposed of by order dated 08.03.2021
Legal Topics
Extension of Limitation, Computation of Limitation, Containment Zone Guidelines, Condonation of Delay, Termination of Proceedings
Limitation Arbitration Commercial Courts Negotiable Instruments Public Health (covid 19) Extension of Limitation Computation of Limitation Containment Zone Guidelines +2 more

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Procedural Posture

Suo Motu Writ Petition (civil) No. 03 of 2020 / Disposed by Order Dated 08.03.2021

Legal Issues

  1. 1 Whether the period of limitation extended during the COVID-19 pandemic should continue or end
  2. 2 How to compute limitation periods affected by the exclusionary period from 15.03.2020 to 14.03.2021
  3. 3 Whether a uniform residual/extension period should be provided where limitation expired during the excluded period

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.

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...