IN THE SUPREME COURT OF INDIA
CTVIL ORIGINAL JURISDICTION
MISCELI,ANEOUS APPLICATION NO. 21 OF 2022
IN
MISCELI,AI\IEOUS APPLICATTON NO. 665 OF 2O2T
IN
SUO M WRIT oN tc) No. 3 0F 2020
IN RE: COGNIZAIICE FOR EXTENSION OF LIMITATION
MISCELI,AITIEOUS APPLICATION NO.29 OF 2022
IN
MISCELI,ANEOUS APPLICATION NO. 665 OF 2O2I
IN
SUO MOTU WRIT PETITION IO) NO. 3 OF 2O2O
Order
1. In March, 2020. this Court took Suo Motu cognizance of the
difficulties that might be faced by the litigants in filing petitions/
applications/ suits,/ appeals/ all other quasi proceedings urithin
the period of limitation prescribed under the general law of
mffi*) timitation or under any special laws (both Central and/or State)
,’ r {E!
due to the outbreak of the COMD-l9 pandemic.
WITH
limitation in all proceedings before Courts/Tribunals including
this Court w.e.f. 15.03.2O2O till further orders. On 08.03.2021,
the order dated 23.03.2O2O was brought to an end, permitting
the relaxation of period of limitation between 15.03.2O2O and
limitation would start from 15.03.2021.
3. Thereafter, due to a second surge in COVID-19 cases, the
Supreme Court Advocates on Record Association (SCAORA)
intervened in the Suo Motu proceedings by filing Miscellaneous
Application No. 665 of 2O2l seeking restoration of the order
dated 23.O3.2O2O relaxing limitation. The aforesaid
Miscellaneous Application No.665 of 2O2l was disposed of by
this Court urde Order dated 23.09.2021, wherein this Court
Courts/Tribunals including this Court w.e.f 15.O3.2O20 till
02.ro.202r.
4. The present Miscellaneous Application has been filed by the
Supreme Court Advocates-on-Record Association in the context
of the spread of the new variant of the COMD-l9 and the drastic
surge in the number of COMD cases across the country.
2. On 23.03.2020, this Court directed extension of the period of
14.03.2021. While doing so, it was made clear that the period of
extended the period of limitation in all proceedings before the
Considering the prevailing conditions, the applicants are seeking
the following:
allow the present application by restoring the order
dated 23.O3.2020 passed by this Hon’ble Court in Suo
Motu Writ Petition (C) NO. 3 of 2O20 ; and
allow the present application by restoring the order
dated 27.O4.2O21 passed by this Hon’ble Court in M.A.
no. 665 of 2O2l in Suo Motu Writ Petition (C) NO. 3 of
2O2O: and pass such other order or orders as this Hon’ble Court
may deem fit and proper.
5. Taking into consideration the arguments advanced by learned
counsel and the impact of the surge of the virus on public health
and adversities faced by litigants in the prevailing conditions, we
deem it appropriate to dispose of the M.A. No. 2l of 2022 with
the follou.lng directions :
I. The order dated 23.O3.2O2O is restored and in continuation
of the subsequent orders dated 08.03.2021, 27.04.2021
and 23.09.2021, it is directed that the period from
15.03.2020 till 28.02.2022 shall stand excluded for the
purposes of limitation as may be prescribed under any
general or special laws in respect of all judicial or quasi-judicial proceedings.
II Consequently, the balance period of limitation remaining
as on 03. LO.2OZL, if any, shall become available with effect
from 01.03.2O22.
II] In cases where the limitation would have expired during
the period between 15.O3.2O2O till 28.02.2022,
notwithstanding the actual balance period of limitation
remaining, all persons shall have a limitation period of 90
days from O1.O3.2O22. In the event the actual balance
period of limitation remaining, with effect frorn O1.O3.2O22
is greater than 90 days, that longer period shall apply.
IV It is further clarified that the period from 15.03.2020 till
28.02.2022 shall also stand excluded in computing the
periods prescribed under Sections 23 (4) and 29A of the
Arbitration and Conciliation Act, 1996, Section 12A of the
Commercia-l Courts Act, 2Ol5 and provisos [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.
6. As prayed for by leamed Senior Counsel, M.A. No. 29 of 2022 is dismissed as withdrawn.
.J. (N.V. RAMANA)
J (L. NAGESWARA RAO)
J (SURYA KANT)
New Delhi
DATE: 10/01/2022