Supreme Court of India

IN RE: COGNIZANCE FOR EXTENSION OF LIMITATIONversus.

Citation: 2021 INSC 168
Decided: 8 March 2021
Disposal: Disposed off
Bench: S A BOBDEL NAGESWARA RAOS RAVINDRA BHAT

Holding

The Court held that the earlier extension of limitation periods ends, the period from 15 March 2020 to 14 March 2021 is excluded for computing limitation, and a 90‑day limitation (or the longer remaining balance) applies from 15 March 2021.

Summary

In a suo motu writ petition, the Supreme Court examined the extension of limitation periods granted due to the COVID-19 pandemic. Earlier orders had excluded the period from 15 March 2020 to a date to be fixed, allowing litigants extra time to file suits, appeals and other proceedings. Observing that the pandemic situation had improved and courts were functioning normally, the Court decided to end the blanket extension. It directed that the period from 15 March 2020 to 14 March 2021 be excluded for computing limitation, and that any balance of limitation as of 15 March 2020 become available from 15 March 2021. Where limitation would have expired during the excluded period, a uniform 90‑day period from 15 March 2021 would apply, unless the remaining balance is longer. The exclusion also applies to specific provisions of the Arbitration and Conciliation Act, 1996, the Commercial Courts Act, 2015 and the Negotiable Instruments Act, 1881, and the Government was instructed to amend containment‑zone guidelines accordingly. The petition was disposed of.

Issues considered

Whether the extension of limitation periods granted during the COVID‑19 pandemic should continue beyond 14 March 2021.
How the period of exclusion should be computed for various statutes prescribing limitation periods.
What uniform limitation period, if any, should apply to cases whose limitation expired during the excluded period.

Legislation cited

Arbitration and Conciliation Act, 1996s. 23(4), s. 29A
Commercial Courts Act, 2015s. 12A
Limitation Act, 1963
Negotiable Instruments Act, 1881s. 138(b), s. 138(c)

Subjects

limitation periodCOVID-19 pandemicsuo motu jurisdictionextension of limitationArbitration and Conciliation ActCommercial Courts ActNegotiable Instruments Actprocedural lawSupreme Court of India

Judgment

640                      [2021]REPORTS
               SUPREME COURT    2 S.C.R. 640               [2021] 2 S.C.R.


A        IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION
                 (Suo Motu Writ Petition (Civil) No. 03 of 2020)
                               MARCH 08, 2021
             [S. A. BOBDE, CJI, L. NAGESWARA RAO AND
B                      S. RAVINDRA BHAT, JJ.]
             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
C
      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
D     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
E
      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
F     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
G
      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
H
                                       640
     IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION                       641


zones, to state – “Regulated movement will be allowed for medical        A
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.
       CIVIL ORIGINAL JURISDICTION: Suo Moto Writ Petition               B
(Civil) No. 03 of 2020
            (Under Article 32 of the Constitution of India)
      By Courts Motion.
                                                                         C
       K. K. Venugopal, AG, Tushar Mehta, SG, Dushyant Dave, P.H.
Parekh, K.V. Vishwanathan, Sidharth Luthra, Soumya Chakraborty, Sr.
Advs, Kanu Agrawal, Ankur Talwar, B.V. Balram Das, Zoheb Hossain,
M. K. Maroria, Sameer Parekh, Kshatrashal Raj, Ms.Tanya Chaudhry,
Ms. Pratyusha Priyadarshini, Ms. Nitika Pandey, M/s Parekh & Co.,
Varun K. Chopra, Arshdeep Singh Khurana, Akshat Gupta, Gurtejpal         D
Singh, Rajshree Sharma, M/s Vkc Law Offices, Siddhesh Kotwal,
Divyansh Tiwari, Ms. Ana Upadhyay, Ms. Manya Hasija, Nirnimesh
Dube, Yashvardhan, Apoorv Shukla, Ms. Smita Kant, Ms. Ishita Farsaiya,
Ms.Prabhleen Kaur, Ms. Aruna Mathur, Ms. Anuradha Arputham,
Avneesh Arputham, M/s Arputham Aruna and Co., Sanjai Kumar Pathak,
                                                                         E
Arvind Kumar Tripathi, Ms. Shashi Pathak, Divyakant Lahoti, Parikshit
Ahuja, Ms. Praveena Bisht, Ms. Vindhya Mehra, Ms. Madhur Jhavar,
Kartik Lahoti, Rahul Maheshwari, Jaigopal Saboo, Mukul Kumar,
Mahfooz A. Nazki, Polanki Gowtham, Shaik Mohammad Haneef,
T.Vijaya Bhaskar Reddy, Amitabh Sinha, Shrey Sharma, Ms. Anannya
Ghosh, Aniruddha P. Mayee, Vivek Narayan Sharma, Pranaya Goyal,          F
Nikhil Ranjan, Utkarsh Kulvi, Pranav Saigal, Ms. Radhika Gautam,
Sarvam Ritam Khare, Ms. Vrinda Kapoor, Ms. Meena Sehravat, Arvind
Kumar Sharma, A. Lakshminarayanan, Ranjan Mukherjee, Aproov
Kurup, Ms. Nidhi Mittal, B. Krishna Prasad, Anilendra Pandey, Ms.
Suchita Dixit, Sandeep, Madhusudan, Ms. Eliza Bar, Pai Amit, Abhimanyu
                                                                         G
Tewari, Ms. Riddhi Sancheti, Ramesh Babu M.R., Arjun Garg, Ms.
Shrutika Garg, Avijit Mani Tripathi, T.K. Nayak, Ms. Garima Prashad,
Ms. Archana Sahadeva, Ms. Binu Tamta, Dhruv Tamta, Krishnanand
Pandeya, V.N. Raghupathy, S. Thananjayan, Mayank Kshirsagar, Advs.
for the appearing parties.
                                                                         H
642              SUPREME COURT REPORTS                         [2021] 2 S.C.R.


A           The Order of the Court was passed:
                                      ORDER
             1. Due to the onset of COVID-19 pandemic, this Court took suo
      motu cognizance of the situation arising from difficulties that might be
      faced by the litigants across the country in filing petitions/applications/
B     suits/appeals/all other proceedings within the period of limitation
      prescribed under the general law of limitation or under any special laws
      (both Central or State). By an order dated 27.03.2020 this Court extended
      the period of limitation prescribed under the general law or special laws
      whether compoundable or not with effect from 15.03.2020 till further
C     orders. The order dated 15.03.2020 was extended from time to time.
      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. We are of the opinion that the order dated
      15.03.2020 has served its purpose and in view of the changing scenario
D     relating to the pandemic, the extension of limitation should come to an
      end.
            2. We have considered the suggestions of the learned Attorney
      General for India regarding the future course of action. We deem it
      appropriate to issue the following directions: -
E
            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.
F
            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,
G                 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,
H
     IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION                                  643


             Section 12A of the Commercial Courts Act, 2015 and provisos            A
             (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.
                                                                                    B
      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,          C
              including for legal purposes, and educational and job-related
              requirements.”
      3. The Suo Motu Writ Petition is disposed of accordingly.

                                                                                    D
Ankit Gyan                                             Writ Petition disposed of.




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