SUPREME COURT SUSPENDS EXTENSION OF LIMITATION PERIODS W.E.F 3RD OCTOBER 2021 – Eshwars
Call Us +91 44 42048335

SUPREME COURT SUSPENDS EXTENSION OF LIMITATION PERIODS W.E.F 3RD OCTOBER 2021

Authored by Padma Akila & Harini Venkatesh

The Hon’ble Supreme Court has recalled the suo motu order dated 27th April 2021 which had extended the limitation period for filing of cases on account of the second wave of the coronavirus pandemic. The Court has decided that the suo motu extension of limitation period will stand withdrawn with effect from 3rd October 2021. In furtherance to the same, the Supreme Court directed the following:

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. Consequently, the balance period of limitation remaining as on 15.03.2021, if any, shall become available with effect from 03.10.2021.

ii. In cases where the limitation would have expired during the period between 15.03.2020 till 02.10.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 03.10.2021. In the event the actual balance period of limitation remaining, with effect from 03.10.2021, is greater than 90 days, that longer period shall apply.

iii. The period from 15.03.2020 till 02.10.2021 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 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.

This order of the Hon’ble Supreme Court has been made on a hopeful note, considering the lesser possibilities of a third wave of COVID. However, there still exists a mild fear of repetition of the 2nd wave scenario in the minds of the public which was also emphasized by the President of Supreme Court Advocates-on-Record Association.

Leave a comment

Your email address will not be published. Required fields are marked *

Eshwars | House Of Corporate & IPR Laws,
Chennai | Delhi | Bengaluru | Mumbai | New Jersey

Board: +91 - 44 - 42048335
+91 - 44 - 42048235