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2021 (11) TMI 387

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..... the pandemic, we are not inclined to modify the conditions contained in the order dated 08.03.2021. In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 02.10.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2021, if any, shall become available with effect from 03.10.2021 - application disposed off. - Miscellaneous Application No. 665 of 2021 In Suo Motu Writ Petition / SMW(C) No. 3 of 2020 - - - Dated:- 23-9-2021 - HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE L. NAGESWARA RAO AND HON'BLE MR. JUSTICE SURYA KANT For UOI: Mr. K.K. Venugopal, AG And Mr. B.V. Balaram Das, AOR For applicant(s): Mr. Shiv .....

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..... v. For High Court of M.P.: Mr. Arjun Garg, AOR, Mr. Aakash Nandolia, Adv., Ms. Sagun Srivastava, Adv. And Ms. Sunieta Ojha, AOR For Gauhati High Court: Mr. P. I. Jose, AOR, Mr. Prashant K. Sharma, Adv. And Mr. Jenis V. Francis, Adv. For State of Meghalaya: Mr. Avijit Mani Tripathi, Adv., Mr. T.K. Nayak, Adv. And Mr. Sahil Tagotra, AOR For Bombay Gujarat High Court: Mr. A.P. Mayee, Adv., M/S. Vkc Law Offices, AOR And Mr. Mukesh K. Giri, AOR For Calcutta High Court: Mr. Kunal Chatterji, AOR And Ms. Maitrayee Banerjee, Adv. For Arunachal Pradesh: Mr. Abhimanyu Tewari, Adv. And Ms. Eliza Bar, Adv. For High Court of Chhattisgarh: Mr. Apoorv Kurup, Adv. And Ms. Nidhi Mittal, Adv. For High Court of Delhi: .....

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..... able with effect from 15.03.2021. 2. In cases where the limitation would have expired during the period between 15.03.2020 till 14.03.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 15.03.2021. In the event the actual balance period of limitation remaining, with effect from 15.03.2021, is greater than 90 days, that longer period shall apply. 3. The period from 15.03.2020 till 14.03.2021 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 .....

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..... l judicial or quasi-judicial proceedings, whether condonable or not, shall stand extended till further orders. It is further clarified that the period from 14th March, 2021 till further orders 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. We have passed this order in exercise of our powers under Article 142 read with Article 141 .....

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..... of limitation between 15.03.2020 and 14.03.2021. While doing so, it was made clear that the period of limitation would start from 15.03.2021. As the said order dated 08.03.2021 was only a one-time measure, in view of the pandemic, we are not inclined to modify the conditions contained in the order dated 08.03.2021. 7. The learned Attorney General for India stated that paragraph No.4 of the order dated 08.03.2021 should be continued as there are certain containment zones in some States even today. 8. Therefore, we dispose of the M.A. No.665 of 2021 with the following directions: - I. In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 02.10.2021 shall stand excluded. .....

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