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TMI Blog2023 (10) TMI 155X X X X Extracts X X X X X X X X Extracts X X X X ..... 21 and subsequent orders also by a Bench of three Hon ble Judges were not and could not have been available for the Bench which decided Sagufa Ahmed s case since Sagufa Ahmed s case was decided on 18.09.2020. In Prakash Corporates, though the period of 30 days for filing written statements expired on 05.02.2021 and the 120-day outer limit expired on 06.05.2021, written statements notarized on 07.07.2021 was directed to be taken on record. The Court in Prakash Corporates relied on the orders of 23.03.2020, 08.03.2021, 27.04.2021 and also noticed the order of 23.09.2021 while so ordering. While summons was served on 07.02.2020, the 30 days period expired on 08.03.2020 and the outer limit of 120 days expired on 06.06.2020. The application for taking on record the written statements and the extension of time was filed on 20.01.2021. Applying the orders of 08.03.2021 and the orders made thereafter and excluding the time stipulated therein, the applications filed by the applicants on 19.01.2021 are well within time. The judgment passed by the High Court needs to be set aside. The principle underlying the orders of this Court dated 08.03.2021, 27.04.2021 and 23.09.2021, in In Re: Cognizan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efendants. The prayer in the applications was that the written statements of the defendants be accepted by extending the time. The reasons set out in the affidavit were that the World Health Organization declared COVID-19 as a pandemic on 11.03.2020; that the Government of India and the State Governments issued advisories related to the pandemic; that on 11.03.2020, orders were promulgated by the Government of India under the Disaster Management Act, 2005 to enhance the preparedness and containment of the pandemic; that the Government of West Bengal on 22.03.2020 imposed lockdown w.e.f. 23.03.2020; that during the month of April, 2020, the office of the answering applicants was completely closed. Most importantly, the affidavits relied on the order of this Court dated 23.03.2020 in In Re: Cognizance for Extension of Limitation in Suo Motu W.P. (C) No. 3 of 2020 whereby this Court took suo motu cognizance of the situation and extended the period of limitation w.e.f. 15.03.2020 till further orders. The applicants also referred to the order of 10.07.2020 wherein this Court further extended the period of limitation, in connection with certain specific statutes. They averred that since ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce to the ordinary operation of law. 28.2. In other words, the orders passed by this Court on 23.03.2020, 06.05.2020, 10.07.2020, 27.04.2021 and 23.09.2021 in SMWP No. 3 of 2020 leave nothing to doubt that special and extraordinary measures were provided by this Court for advancing the cause of justice in the wake of challenges thrown by the pandemic; and their applicability cannot be denied in relation to the period prescribed for filing the written statement. It would be unrealistic and illogical to assume that while this Court has provided for exclusion of period for institution of the suit and therefore, a suit otherwise filed beyond limitation (if the limitation had expired between 15.03.2020 to 02.10.2021) could still be filed within 90 days from 03.10.2021 but the period for filing written statement, if expired during that period, has to operate against the defendant. 33.4 Having regard to the orders subsequently passed by the three-Judge Bench of this Court in SMWP No. 3 of 2020 (and MA No. 665 of 2021 therein), as also having regard to the fundamental difference of facts and the surrounding factors, the said decision in Sagufa Ahmed, in our view, is also of no appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rescribed under the general law of limitation or under Special Laws (both Central and/or State). 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. This order may be brought to the notice of all High Courts for being communicated to all subordinate Courts/Tribunals within their respective jurisdiction. Issue notice to all the Registrars General of the High Courts, returnable in four weeks." (emphasis supplied) 13. The order of 06.05.2020 directed that the limitation prescribed under the Arbitration & Conciliation Act, 199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... down has been lifted and the country is returning to normalcy. Almost all the Courts and Tribunals are functioning either physically or by virtual mode. We are of the opinion that the order dated 15.03.2020 has served its purpose and in view of the changing scenario relating to the pandemic, the extension of limitation should come to an end. 2. We have considered the suggestions of the learned Attorney General for India regarding the future course of action. We deem it appropriate to issue the following directions: - 2.1. In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 14.03.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021. 2.2. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ritten statements expired on 05.02.2021 and the 120-day outer limit expired on 06.05.2021, written statements notarized on 07.07.2021 was directed to be taken on record. The Court in Prakash Corporates (supra) relied on the orders of 23.03.2020, 08.03.2021, 27.04.2021 and also noticed the order of 23.09.2021 while so ordering. 19. By virtue of Section 16 of the Commercial Courts Act, 2015 brought into force on 23.10.2015 some provisions of the Code of Civil Procedure, 1908 in its application to the commercial disputes were amended. The schedule to the Commercial Courts Act amended Order 5 Rule 1(1), Order 8 Rule 1 and Order 8 Rule 10 insofar as their applicability to commercial disputes was concerned. Order 8 Rule 1 reads as under: "Order 8 Rule 1 "1. Written statement.- The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence: Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the court, for reasons to be recorded in writing and on payment of such costs as th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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