2021 (5) TMI 564 - SCH - Indian Laws

Time limitation - extension of period of limitation in filing petitions/ applications/ suits/ appeals/ all other proceedings - HELD THAT - The steep rise in COVID-19 Virus cases is not limited to Delhi alone but it has engulfed the entire nation. The extraordinary situation caused by the sudden and second outburst of COVID-19 Virus, thus, requires extraordinary measures to minimize the hardship of litigant public in all the states. We, therefore, restore the order dated 23rd March, 2020 and in continuation of the order dated 8th March, 2021 direct that the period(s) of limitation, as prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings, whether condonable or not, shall stand extended till further orders. List the Miscellaneous Application on 19th July, 2021.

Summary

Issues:
1. Extension of limitation period due to COVID-19 pandemic.
2. Restoration of the order dated 23rd March, 2020 for extending limitation periods.
3. Impact on judicial and quasi-judicial proceedings.
4. Application of the order to specific laws and acts.
5. Exercise of powers under Article 142 and Article 141 of the Constitution of India.

Analysis:
The Supreme Court took suo motu cognizance of the challenges posed by the COVID-19 pandemic on litigants nationwide. Initially, on 23rd March, 2020, the Court extended the period of limitation for all legal proceedings from 15th March, 2020, until further orders. Subsequently, on 8th March, 2021, observing a return to normalcy, the Court ended the extension of limitation. Specific directions were issued, excluding the period from 15th March, 2020, to 14th March, 2021, from the calculation of limitation periods. For cases where the limitation would have expired during this period, a grace period of 90 days from 15th March, 2021, was granted. The order also impacted laws such as the Arbitration and Conciliation Act, Commercial Courts Act, and Negotiable Instruments Act, extending limitation periods and outer limits for condoning delays.

The Supreme Court received an application from the Supreme Court Advocate on Record Association (SCAORA) highlighting the surge in COVID-19 cases in Delhi and the challenges faced by advocates and litigants in filing cases. In response, the Court restored the order dated 23rd March, 2020, extending limitation periods for all judicial and quasi-judicial proceedings until further orders. This extension was deemed necessary due to the extraordinary situation caused by the resurgence of COVID-19 cases nationwide. The Court clarified that the exclusion of the period from 14th March, 2021, onwards would also apply to specific laws governing limitation periods and delay condonation provisions.

The Supreme Court invoked its powers under Article 142 read with Article 141 of the Constitution of India to issue this binding order applicable to all courts, tribunals, and authorities. The order was to be communicated to all High Courts for dissemination to subordinate courts and tribunals within their jurisdictions. Notice was issued to all Registrars General of the High Courts, returnable in 6 weeks, with the Miscellaneous Application listed for further consideration on 19th July, 2021.