Hon’ble Supreme Court of India after considering the suggestions of the learned Attorney General of India regarding the future course of action with respect to the period of limitation under the general law or special law; has issued the following orders dated 8th March 2021:
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. 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 period shall apply.
3. The period from 15.03.2020 till 14.03.2021 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.”
It means that the Supreme Court decided to end the extended limitation period for filing appeals granted to the litigants in the wake of covid during the 2020 lockdown. It is accordingly notified to all the stakeholders that the period of limitation shall be computed in accordance with the afore-cited Order dated 8th March 2021 (enclosed) passed by the Hon’ble Supreme Court of India. The same order shall be applicable while computing various Patents, Trademarks, Design, and Copyright related deadlines.
