On March 23, 2020, the Honourable Supreme Court of India had stepped in to protect the rights of the litigants to keep them safe from hardships and to mitigate the risk of the Coronavirus spreading in the general public.
The Honourable Supreme Court Of India, through its own instance, had taken up the case titled as “Re: Cognizance for Extension of Limitation” and was presided by Chief Justice of India SA Bodbe, Justices L. Nageswara Rao, S. Ravindra Bhat. The said Bench has issued various directions, from time to time, for deciding the procedure of courts during the course of the pandemic so that the judicial system is not crippled by the pandemic and justice is always readily available to those who seek it. Amongst other things the Honourable Supreme Court of India, had extended the limitation period for filing of fresh cases in all Courts, Tribunals and Commissions with effect from March 15, 2020, until further orders.
This order was subsequently extended from time to time when the Honourable Supreme Court had brought further clarity and introduced the proceedings under Arbitration and Conciliation Act and Section 138 of the Negotiable Instruments Act under the purview of this order.
In July 2020, the Honourable Supreme Court of India had also extended the limitation of cases pertaining to Section 29A and Section 23(4) of the Arbitration and Conciliation Act, 1996 and Section 12A of the Commercial Courts Act, 2015 under its orders for extension of limitation.
An order in July, in the same case, had also opened a passage to allow service of summons / notice in cases through electronic modes such as WhatsApp and other online messenger services.
The Honourable Supreme Court in the same case has recently observed with regard to limitation that:
“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”
It has been further observed that:
“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”
In view of the above said observations the Honourable Supreme Court Of India has passed four directions in the above mentioned case which lay down the law for limitation for cases whose limitation was either extended due to the coronavirus lockdowns or whose limitation expired when the pandemic was ongoing and the lockdowns were in effect in various parts of the country:
“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.
- 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.”
The Honourable Supreme Court of India has disposed off the Writ Petition with these directions and laying the law of the land of limitation in this regard.
Under these observations and directions, all Honourable Courts including Honourable High court of Delhi at New Delhi and its Subordinate Courts shall start complete physical functioning from March 15, 2021, as of now.
