LexIN RE: COGNIZANCE FOR EXTENSION OF LIMITATIONMISCELLANEOUS APPLICATION NO. 665 OF 2021 IN (SMW (C) NO. 3 OF 2020) versus .
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A B C D E F G H 1099 IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION Miscellaneous Application No. 665 of 2021 in (SMW (C) No. 3 of 2020) SEPTEMBER 23,2021 [N. V. RAMANA, CJI, L. NAGESWARA RAO AND SURYA KANT, JJ.] Covid-19 Pandemic – Limitation, extension of – On 23.03.2020, this Court had directed extension of the period of limitation in all proceedings before the Courts/Tribunals including this Court w.e.f. 15.03.2020 till further orders – On 08.03.2021, since there was reduction in prevalence of Covid-19 virus, an order was passed that in computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 14.03.2021 would be excluded – Thereafter, there was a second surge in COVID-19 cases which had a devastating and debilitating effect – MA no.665 of 2021 was filed by Advocates on Record Association seeking restoration of Order dated 23.03.2020 – Order dated 23.03.2020 was restored and in continuation of the order dated 08.03.2021, with directions that the period(s) of limitation, as prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings, whether condonable or not, shall stand extended till further orders – There is consensus that there is no requirement for continuance of the initial order passed by this Court on 23.03.2020 and relaxation of the period of limitation need not be continued any further, therefore, MA no.665 of 2021 is disposed of with following directions: In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 02.10.2021 shall stand excluded – Consequently, the balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 03.10.2021 – In cases where the limitation would have expired during the period between 15.03.2020 till 02.10.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 03.10.2021 – In the event the actual balance period of limitation remaining, with effect from 03.10.2021, is greater than 90 days, that longer [2021] 7 S.C.R. 1099 1099 A B C D E F G H 1100 SUPREME COURT REPORTS [2021] 7 S.C.R. period shall apply – The period from 15.03.2020 till 02.10.2021 shall also stand excluded in computing the periods prescribed under 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 – 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.” CIVIL ORIGINAL JURISDICTION: Miscellaneous Application No. 665 of 2021 in SMW (C) No. 03 of 2020. (Under Article 32 of The Constitution of India) K. K. Venugopal, AG, S. Niranjan Reddy, P. H. Parekh, Soumya Chakraborty, Vikas Singh, Sr. Advs., B. V. Balaram Das, Shivaji M. Jadhav, Manoj K. Mishra, Dr. Joseph S. Aristotle, Ms. Diksha Rai, Nikhil Jain, Atulesh Kumar, Dr. Aman Hingorani, Ms. Anzu Varkey, Sachin Sharma, Aljo Joseph, Varinder Kumar Sharma, Abhinav Ramkrishna, Mahfooz Ahsan Nazki, Polanki Gowtham, Shaik Mohamad Haneef, T. Vijaya Bhaskar Reddy, Amitabh Sinha, K. V. Girish Chowdary, Sameer Parekh, Kshatrashal Raj, Ms. Tanya Chaudhry, Ms. Pratyusha Priyadarshini, Ms. Nitika Pandey, Sanjai Kumar Pathak, Ms. Shashi Pathak, Amit Sharma, Dipesh Sinha, Ms. Pallavi Barua, Prateek Kumar, Ashok Nijhawan, Aman Bhalla, Ms. Anindita Mitra, Pawan Reley, Akshay Lodhi, Vinod Sharma, Joydip Roy, Sajal Awasthi, Binod Kumar Singh, Parijat Som, Yashvardhan, Apoorv Shukla, Ms. Smita Kant, Ms. Ishita Farsaiya, Ms. Prabhleen Kaur, Ms. Kritika Nagpal, Ms. Bhavya Bhatia, Arjun Garg, Aakash Nandolia, Ms. Sagun Srivastava, Ms. Sunieta Ojha, P. I. Jose, Prashant K. Sharma, Jenis V. Francis, Avijit Mani Tripathi, T. K. Nayak, Sahil Tagotra, A. P. Mayee, M/s VKC Law Offices, Mukesh K. Giri, Kunal Chatterji, Ms. Maitrayee Banerjee, Abhimanyu Tewari, Ms. Eliza Bar, Apoorv Kurup, Ms. Nidhi Mittal, Ms. Binu Tamta, Dhruv Tamta, Ms.
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