Second article on extended limitations – Do not wait for last date that is 29.05.2022. The relaxation is available to all litigants, persons to whom any limitation apply – thus, in view of author, it will include government authorities in matter of initiating proceedings also.

[DEV KUMAR KOTHARI]

Second article on extended limitations – Do not wait for last date that is 29.05.2022. The relaxation is available to all litigants, persons to whom any limitation apply – thus, in view of author, it will include government authorities in matter of initiating proceedings also.

Understanding extended limitations for instituting proceedings under any law, before any Courts, Tribunals including Supreme Court, as per orders of the Supreme Court of India dated 10.01.2022 and earlier orders in view of COVID related problems.

First article on the same subject matter was webhosted on April 16, 2022

Subsequent to printing of article an inadvertent mistake of calculation / typing was notices and the same was clarified by way of discussions on article as follows:

                “90 days limitation from 01.03.22 - last date will be 29.05.2022 Mistakenly it was counted or typed as 29.04 .22. To play safe, and in view of online compliances holidays on terminal day (s) can be ignored.”

  Some communications have taken place for clarity on the subject and scope of extensions. An attempt in being made in this regard:

The honorable Supreme Court has passed order under Article 141 of the Constitution of India This is also to be read with Article 142 of the Constitution of India. In orders of the Supreme Court we find reference of these two articles. These articles reads as follows:

Constitution of India

Article.141. Law declared by Supreme Court to be binding on all courts.-

The law declared by the Supreme Court shall be binding on all courts within the territory of India.

Article.142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.-

(1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order ¹prescribe.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.      

************Notes :1. See the Supreme Court (Decrees and Orders) Enforcement Order, 1954 (C.O. 47).

Besides above two we find Article 140 is also related one and can be of significance.

Article.140. Ancillary powers of Supreme Court.-

Parliament may by law make provision for conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution.

From orders of the Supreme Court:

First order dated Dated: - 23 March 2020 - 

IN RE : COGNIZANCE FOR EXTENSION OF LIMITATION - 2020 (5) TMI 418 - SC Order

“ To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings.

We are exercising this power under Article 142 read with Article 141 of the Constitution of India and declare that this order is a binding order within the meaning of Article 141 on all Courts/Tribunals and authorities.

From order 2022 (1) TMI 385 - SC ORDER  IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION Dated: - 10 January 2022

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 within the period of limitation prescribed under the general law of limitation or under any special laws (both Central and/or State) due to the outbreak of the COVID19 pandemic.

III. In cases where the limitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022. In the event the actual balance period of limitation remaining, with effect from 01.03.2022 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 Commercial Courts Act, 2015 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.

Unquote:

On reading of the orders we find that it apply to:

Remove difficulties that might be faced by

    the litigants

 in filing petitions/ applications/ suits/ appeals/

all other quasi proceedings within the period of limitation prescribed under the general law of limitation or under any special laws

And the relief by way of extension is available to

 all persons  

Government and various authorities are also governed by general or special limitations. They are also litigant in many ways  e.g. as initiator of proceedings under various laws and as appellant or applicant before Courts as litigant. All these are governed by limitations.

“All other quasi proceedings” will cover any proceeding initiated or to be initiated by Courts, deemed Courts, including government authorities.  

The purpose of order for relaxation of limitations is to extend limitations wherever it apply to any proceeding.

Therefore, the relaxation shall also be available to government authorities  in case they are governed by any such limitation and they are eligible for relaxation.

Practical notes:

Do not wait for last date of 29^th May 2022 and ensure that filing and /or  service of relevant document, notices are completed well in time before end of 29.05.2022 so that unnecessary complications do not arise.

Any person expecting any notice from government authorities/ Courts etc. can on 29.05.2022  / 30.05.2022 and thereafter  make special effort and check  in box of emails, concerned websites, postal services , courier services  etc. and take note of service of any notice to find out whether it is within time or can be claimed to be time barred.