Background
In March 2020, the Supreme Court took suo motu cognizance of the impact of the Covid-19 restrictions on compliance with limitation periods, and this led to Suo Motu Writ Petition (Civil) No 3 of 2020. The Supreme Court's order of 23 March 2020 "extended" limitation periods from 15 March 2020 until further orders. The Supreme Court periodically revisited its order and largely kept the extension in place, until now.
Final Order
On 8 March 2021, the Supreme Court issued its final order. It said that the extension had served its purpose and should come to an end. The Supreme Court has said:
- In calculating the limitation period in any suit, appeal, application or proceeding, the period from 15 March 2020 to 14 March 2021 is to be excluded, and any balance of the limitation period as of 15 March 2020 will start to run from 15 March 2021.
- If the limitation period would have expired during the 1 year extension period, a limitation period of 90 days will be available from 15 March 2021. If the balance of the limitation period remaining on 15 March 2021 is more than 90 days, then the longer period will apply.
- The 1 year extension period is also to be excluded when calculating the prescribed periods under §23(4) and §29A of the Arbitration and Conciliation Act 1996, particular provisions of the Commercial Courts Act 2015 and the Negotiable Instruments Act 1881 and any other law containing similar prescriptions.
- The Government of India will amend the prescribed guidelines for containment zones to allow for regulated movement for, amongst others, "legal purposes".
Concluding Remarks
With this final order, there will be no further extension to the limitation periods on and from 15 March 2021.
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