Sep 30, 2021

SC Withdraws Suo-Motu Extension of Limitation Period

The Supreme Court in Re: Cognizance for Extension of Limitation[1] has inter alia issued the following directions in view of the normalcy being restored and reduction in the prevalence of COVID-19 virus:

i.    In computing the period of limitation for any suit, appeal, application or proceeding, the period from March 15, 2020 till October 2, 2021 will stand excluded. The balance period of limitation remaining as on March 15, 2020, if any, will be available with effect from October 3, 2021;

ii.   In cases where the limitation period would have expired between March 15, 2020 till October 2, 2021, all persons will have a limitation period of ninety days from October 3, 2021, notwithstanding the actual balance period of limitation remaining. In case the actual balance period of limitation with effect from October 3, 2021 is greater than ninety days, that longer period of limitation will apply; and

iii.  The period between March 15, 2020 till October 2, 2021 will stand excluded in computing the periods prescribed under Sections 23 (4) and 29A of the Act, Section 12-A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881. This is also applicable for any other laws which prescribe periods of limitation for instituting proceedings, outer limits (within which court or tribunal can condone delay) and termination of proceedings.


[1] Misc. Appl. No. 665/2021 in Suo-Motu Writ Petition (C) No. 3/2020.




These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.