Mar 31, 2022

SC Further Extends Period of Limitation

The Supreme Court (‘SC’) by its Order dated January 10, 2022, in In Re: Cognizance for Extension of Limitation[1] has inter alia provided that:

  1. For computing the period of limitation under any general or special laws in respect of all judicial and quasi – judicial proceedings, the period from March 15, 2020, till February 28, 2022 will stand excluded;
  2. In cases where the limitation period would have expired between March 15, 2020, till February 28, 2022, limitation period would be deemed to be 90 days from March 01, 2022, notwithstanding the actual balance period of limitation remaining. If the actual balance period of limitation with effect from March 1, 2022 is greater than 90 days, the longer period will apply;
  3. The period between March 15, 2020 and February 28, 2022 is also to be excluded in computing the periods prescribed under Sections 23(4) and 29A of the Arbitration & Conciliation Act, 1996 (‘Arbitration Act’), Section 12A of the Commercial Courts Act, 2015 and Provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881; and
  4. The aforesaid directions are also applicable for any other laws which prescribe a period(s) of limitation for instituting proceedings, outer limits (within which the Court or Tribunal can condone delay), and termination of proceedings.

[1] In Re: Cognizance for Extension of Limitation, Misc. Application No. 21 of 2022 in Misc. Application No. 665 of 2021 in Suo Motu Writ Petition (C) No. 3 of 2020.

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