The Suo Moto Cognizance of the Supreme Court Pertaining to Limitation Comes to an End

The Supreme Court of India, on 8th March 2021, lifted the limitation date for filing cases levied due to the coronavirus and national lockdown. Due to a novel Coronavirus, the Supreme Court of India took Suo Moto cognizance of the condition faced by litigants who could not physically come to the courts to file their petition/suit and all other proceedings throughout the nation and expanded the limitation period specified under the general law of limitations on 23rd March 2020.[1]. The Court extended the period from 15th March 2020 till further notice. The apex court took this decision by exercising its extraordinary powers under Article 142 read with Article 141 of the Indian Constitution. The notice dated 06 May 2020, the limitation period prescribed under the Arbitration and conciliation Act, 1996 and under section 38 of Negotiable Instrument Act, 1881 was also extended w.e.f 15th March 2020 till further notice[2].

The bench consisting of Chief justice of India SA Bobde, Justice L Nageswara Rao, and S Ravindra Bhat took the decision on 8th March quoting:

“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”

The apex court also said “Though we have not seen the end of the pandemic, there is a considerable improvement. The lockdown has been lifted and the country is returning to normalcy” the court added[3].

The bench decided to dispose of the Suo moto plea, and has given the following directions on the suggestions of the learned Attorney General of India:

  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 of 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 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 shall amend the containment zone guidelines,” the court added, health emergencies, the procurement of vital goods and services, and other required activities, such as time-bound applications, including for legal reasons, and educational and job-related needs, shall be permitted under supervised movement.

Analysis

Due to the national lockdown, all of the country’s courts were operating on a simulated basis. The Supreme Court of India took Suo moto cognizance of the matter and extended the limitation period for effective filing of the suits from time to time, in order to help the litigants and monitor the spread of the virus. As the shutdown has been removed and the country is returning to normalcy, the Supreme Court dismissed the petition, granting the Attorney General of India’s request for a 90-day extension of the statute of limitations, which includes the periods specified under the Arbitration and Conciliation Act 1996, the Commercial Courts Act 2015, and the Negotiable Instruments Act 1881. The court also stated that the order dated 23.03.2020 served its purpose and that the extension of the limitation should be terminated due to the changing pandemic scenario.

Author: Himank Garg, the 3rd year of Maharashtra National Law University (Aurangabad), an intern at Khurana And Khurana, IP Attorney and Advocates.  In case of any queries please contact/write back to us at aishani@khuranaandkhurana.com.

References:

[1] Supreme Court order dated 23.03.2020.

[2] Supreme Court order dated 06.05.2020.

[3] Supreme court order dated 08.03.2021.

Leave a Reply

Archives

  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • September 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010