2022 (1) TMI 385 - SCH - Indian Laws

COVID - Seeking extension of the period of limitation in all proceedings before Courts/Tribunals including this Court w.e.f. 15.03.2020 till further orders - drastic surge in the number of COVID cases across the country - HELD THAT - The order dated 23.03.2020 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 quasijudicial proceedings - Consequently the balance period of limitation remaining as on 03.10.2021 if any shall become available with effect from 01.03.2022. 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. Application disposed off.

Issues:
1. Extension of period of limitation due to COVID-19 pandemic.
2. Restoration of orders dated 23.03.2020 and 27.04.2021.
3. Impact of COVID-19 surge on judicial proceedings.

Analysis:

Extension of Period of Limitation:
The Supreme Court took Suo Motu cognizance in March 2020 of the challenges faced by litigants in meeting the limitation period due to the COVID-19 pandemic. An order was issued on 23.03.2020 extending the limitation period in all proceedings till further orders. Subsequently, on 08.03.2021, it was decided to relax the limitation period between 15.03.2020 and 14.03.2021, with the limitation period starting from 15.03.2021. Due to a second surge in COVID-19 cases, a Miscellaneous Application was filed seeking restoration of the order dated 23.03.2020. The Court extended the limitation period till 02.10.2021 in response to this application.

Restoration of Orders:
A new Miscellaneous Application was filed seeking restoration of the orders dated 23.03.2020 and 27.04.2021 in light of the spread of a new COVID-19 variant and the surge in cases across the country. The Court, considering the arguments presented and the impact of the virus surge on public health and litigants, decided to restore the order dated 23.03.2020. This restoration, in conjunction with previous orders, excluded the period from 15.03.2020 till 28.02.2022 for limitation purposes. It was directed that any balance period of limitation as of 03.10.2021 would become available from 01.03.2022.

Impact of COVID-19 Surge on Judicial Proceedings:
The Court clarified that in cases where the limitation would have expired between 15.03.2020 and 28.02.2022, all persons would have a limitation period of 90 days from 01.03.2022. Furthermore, the exclusion of the period from 15.03.2020 to 28.02.2022 was also applicable in computing periods prescribed under specific laws related to arbitration, commercial courts, negotiable instruments, and other laws governing limitation periods for legal proceedings.

In conclusion, the Court's decision aimed to address the challenges faced by litigants during the COVID-19 pandemic by extending the limitation period and restoring previous orders to ensure fairness and access to justice in judicial proceedings.

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