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 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.