IN RE: COGNIZANCE FOR EXTENSION OF LIMITATIONMISCELLANEOUS APPLICATION NO. 665 OF 2021 IN (SMW (C) NO. 3 OF 2020) versus .

IN RE: COGNIZANCE FOR EXTENSION OF LIMITATIONMISCELLANEOUS APPLICATION NO. 665 OF 2021 IN (SMW (C) NO. 3 OF 2020) versus .

The Court excluded the period from 15.03.2020 till 02.10.2021 from computation of limitation for any suit, appeal, application or proceeding; the balance period of limitation as on 15.03.2020, if any, shall become available from 03.10.2021; where limitation would have expired during 15.03.2020 to 02.10.2021 all persons shall have a limitation period of 90 days from 03.10.2021 (unless the actual balance period available from 03.10.2021 is greater, in which case that longer period shall apply); and the exclusion applies to Sections 23(4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015, provisos (b) and (c) of Section 138 of the...

Parties
Applicant/intervenor: Supreme Court Advocates on Record Association
Jurisdiction
India
Judgment Date
23 September 2021
Procedural Posture
Miscellaneous Application No.665 of 2021 in SMW (c) No.03 of 2020 (suo Motu) / Disposed
Outcome
Miscellaneous Application No.665 of 2021 disposed of.
Legal Topics
Extension of Limitation Periods, COVID 19 Pandemic and Access to Justice, Containment Zone Guidelines
Limitation Civil Procedure Constitutional Law Arbitration Law Commercial Courts Negotiable Instruments Extension of Limitation Periods COVID 19 Pandemic and Access to Justice +1 more

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Parties

Supreme Court Advocates on Record Association

Applicant/intervenor

Procedural Posture

Miscellaneous Application No.665 of 2021 in SMW (c) No.03 of 2020 (suo Motu) / Disposed

Legal Issues

  1. 1 Whether the period of limitation should be extended/excluded on account of the COVID-19 pandemic
  2. 2 Whether the earlier orders dated 23.03.2020 and 08.03.2021 should be restored, continued or modified
  3. 3 Applicability of the exclusion to specific statutory provisions (Arbitration Act ss.23(4), 29A; Commercial Courts Act s.12A; Negotiable Instruments Act s.138 provisos)

Ratio Decidendi

The Court excluded the period from 15.03.2020 till 02.10.2021 from computation of limitation for any suit, appeal, application or proceeding; the balance period of limitation as on 15.03.2020, if any, shall become available from 03.10.2021; where limitation would have expired during 15.03.2020 to 02.10.2021 all persons shall have a limitation period of 90 days from 03.10.2021 (unless the actual balance period available from 03.10.2021 is greater, in which case that longer period shall apply); and the exclusion applies to Sections 23(4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015, provisos (b) and (c) of Section 138 of the...

Court Disposition

Miscellaneous Application No.665 of 2021 disposed of.

Orders

  • In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 02.10.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 03.10.2021.
  • In cases where the limitation would have expired during the period between 15.03.2020 till 02.10.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 03.10.2021. In the event the actual balance period of limitation remaining, with effect...