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.
Since it appeared that the situation in India was returning to normal and courts had resumed functioning either physically or virtually, the Supreme Court brought an end to the extension with effect from 15 March 2021 and gave guidance on how limitation periods were to be calculated. Our article of 8 March 2021 explains this in more detail and can be accessed at:
Because of the resurgence of Covid-19, an application was moved by the Supreme Court Advocate on Record Association to reinstate the extension of limitation periods.
27 April 2021 Renewal Order
In continuation of its order of 8 March 2021, the Supreme Court has directed that limitation periods under any general or special law are extended until further orders. The Supreme Court says that the period from 14 March 2021 will be excluded from any calculation of the limitation period under, inter alia, §23(4) and §29A of the Arbitration and Conciliation Act 1996, §12A of the Commercial Courts Act 2015, and any other laws which prescribe a limitation period for commencing proceedings, outer limits (within which a court or tribunal can condone delay) and the termination of proceedings.
Concluding Remarks
In effect, this renewal of the extension operates from the date on which the prior extension of 1 year from 15 March 2020 ended by virtue of the Supreme Court's order of 8 March 2021.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
