Hon’ble Supreme Court extended the limitation period to file cases under all general and special laws in Courts and Tribunals across the country from March 14 until further orders in view of the situation of Covid 19 Pandemic.

A bench comprising of Chief Justice of India NV Ramana and Justices Surya Kant and AS Bopanna, in view of the surge in COVID-19 cases across the country, passed the order in suo moto case titled Cognizance  of Extension of Limitation held:

“For the past few weeks we have witnessed the second wave of COVID-19. It is an alarming situation, and put litigants to hardship. Thus, all limitation period which was relaxed till March 13, 2021 and ending on March 14, 2021 be extended until further orders,” the Court said.

Initially it was proposed to extend the limitation period till July 15, 2021 by the bench. However, Shri KK Venugopal, the Attorney General for India requested for order extension till further orders which was accepted by the bench.

The Supreme Court Advocates on record association (SCAORA) recently filed an application seeking extension of Suo-Moto order dated March 23, 2021 passed by Supreme Court.

Previous Orders

On March 23, 2020, Hon’ble Supreme Court bench led by Chief Justice of India S.A. Bobde invoked their extraordinary powers under Article 142 of the Constitution and extended the limitation period of appeals in courts and tribunals due to pandemic situation and the limitation period extended w.e.f. March 15, 2020.

On March 08, 2021, Hon’ble Supreme Court ended the limitation period with the below said directions:

1. In computing the period of limitation for any suit, application, appeal or proceeding, the period from March 15, 2020 till March 14, 2021 shall stand excluded. Consequently, the balance period of limitation remaining as on March 15, 2020, if any, shall become available with effect from March 15, 2021.

Illustration:

(a) Suppose, in a case, cause of action arises on March 10, 2020 and the limitation period is 3 years. Therefore in this case the period of limitation shall be calculated as under:

1. March 10, 2020 to March 14, 2020 – 4 days
2. The balance 1091 days will start from March 15, 2021 onwards.

Note: Now, the period starting from March 15, 2021 is extended till further orders (vide SC order dated April 27, 2021)

2. In cases where the limitation would have expired during the period between March 15, 2020 till March 14, 2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from March 15, 2021. In the event the actual balance period of limitation remaining, with effect from March 15, 2021, is greater than ninety days, that longer period shall apply.

Illustration:

(b) Suppose, a cheque got dishonoured on March 10, 2020 and the payee had to send a legal notice within 30 days from the date of dishonour. Then limitation period of 30 days shall be calculated as under:

(c) Here, the limitation period expires on April 09, 2020, however, regardless of the remaining period of limitation, the revised limitation period shall be 90 days starting  from March 15, 2021

Note: Now, the period starting from March 15, 2021 is extended till further orders (vide SC order dated April 27, 2021)