Amidst the ongoing COVID-19 situation, the Court’s analysis of the extension of limitation periods for legal proceedings has been a critical aspect. This summary delves into the recent court order and the rationale behind the restoration of the order dated 08.03.2021. Discover how the Court’s decision impacts litigants and legal proceedings during these challenging times.
Facts
- Due to the COVID-19 pandemic in March 2020, the Court took Suo Motu cognizance of the difficulties faced by litigants in meeting limitations for filing proceedings.
- On 23.03.2020, the Court extended the period of limitation in all proceedings until further orders to ease the burden on litigants.
- With the reduction in COVID-19 cases and restoration of normalcy, the Court recognized the need for extraordinary measures to alleviate hardships faced by litigants due to the pandemic.
- The sudden and second outburst of the COVID-19 virus necessitates extraordinary measures to minimize the challenges faced by the litigant-public across all states.
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Arguments
- Mr. Vikas Singh, Attorney General for India, presented arguments
- Mr. Shivaji M. Jadhav, Senior Counsel for the Election Commission of India, presented arguments
- Consensus reached that continuation of initial order from 23.03.2020 is not required
- Relaxation of period of limitation does not need to be extended further
- Mr. Vikas Singh proposed restoration of order dated 08.03.2021 with modifications
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Analysis
- The Government of India amended the guidelines for containment zones to allow regulated movement for essential purposes.
- The second surge in COVID-19 cases had a devastating impact.
- The period from 15.03.2020 to 14.03.2021 is excluded in computing prescribed periods under various laws.
- This exclusion applies to periods of limitation, outer limits for condoning delays, and termination of proceedings.
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Decision
- The order dated 08.03.2021 restored the provisions regarding the period of limitation which were in effect since 23.03.2020 due to the COVID-19 pandemic.
- The order excludes the period from 15.03.2020 till 02.10.2021 from the computation of the limitation period for various legal proceedings.
- In cases where the limitation would have expired between 15.03.2020 and 02.10.2021, all persons are granted a 90-day limitation period starting from 03.10.2021.
- The order also clarifies exclusion periods for specific legal acts like the Arbitration and Conciliation Act, 1996, Commercial Courts Act, 2015, and Negotiable Instruments Act, 1881.
- The Supreme Court Advocates on Record Association requested the restoration of the 23.03.2020 order, which was approved by the court.
- Acknowledging the ongoing COVID-19 situation, the court emphasizes the importance of adhering to the restored order for limitation periods.
Case Title: IN RE COGNIZANCE FOR EXTENSION OF LIMITATION Vs. XXXX (2021 INSC 536)
Case Number: MA-000665 / 2021
