The Apex Court, through its order in the suo moto case In Re: Cognizance of Extension of Limitation, has put an end to the extension of the limitation period granted by the court on March, 2020 due to outbreak of COVID-19.
The bench stated that the order passed on 23.03.2020 had served its purpose; that enough extension had been provided to the claimants for filing the cases.
The bench also stated that since scenario is changing and things are coming back to normalcy, the extension of limitation period should also come to an end.
The bench made an observation that though pandemic has not reached its end, there had been considerable improvement in the situation. The judicial institutions have resumed their work, either virtually or through physical hearings.
According to the court’s direction, the period from 15.03.2020 to 14.03.2021 would remain excluded. The balance period of limitation for filing suit, appeal or any other proceeding shall commence continue from 15.03.2021.
The bench directed that in case wherein the limitation period has expired during this period, the claimants shall have a limitation period of 90 days from 15.03.2021 so that their right to justice does not get hampered.
This direction of exclusion is applicable on few of the provisions of Arbitration & Conciliation Act, 1996, Negotiable Instruments, 1881 and the Commercial Courts Act, 2015.
The bench had provided various relaxations during the lockdown phase and period beyond it so that individuals’ rights are not vitiated.
Leave a Reply