Which period stands excluded in computing limitation for any suit, appeal, application or proceeding?

Constitution of India — Art.142 — Art.141 — Limitation — Suo motu cognizance — Period excluded — Balance period — Outer limits — Containment zones —

Constitution of India — Art.142 — Period excluded in computing limitation —

Held: In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 02.10.2021 stands excluded, and the balance period remaining becomes available with effect from 03.10.2021. (¶8)

Constitution of India — Art.142 — 90 days where limitation expired within the excluded period —

Held further: Where limitation would have expired within the excluded period, all persons have 90 days from 03.10.2021 notwithstanding the actual balance remaining; if the actual balance is greater, that longer period shall apply. (¶8)

Constitution of India — Art.142 — Special time limits, outer limits and termination of proceedings —

Held further: The excluded period also applies to the periods prescribed by the laws named in the directions and any other law prescribing limitation for instituting proceedings, outer limits within which a court or tribunal can condone delay, and termination of proceedings. (¶8)

Constitution of India — Art.142 — One time measure not to be modified — Application disposed of —

Held further: The relaxation being only a one time measure in view of the pandemic, the conditions in the order of 08.03.2021 are not modified, and the Government is directed to amend the containment zone guidelines. Application disposed of. (¶6, 8)

Which period stands excluded in computing limitation for any suit, appeal, application or proceeding?

The period from 15.03.2020 till 02.10.2021. Consequently the balance period of limitation remaining as on 15.03.2020, if any, becomes available with effect from 03.10.2021. Where the limitation would have expired during that excluded period, all persons have a limitation period of 90 days from 03.10.2021, notwithstanding the actual balance remaining; and if the actual balance remaining with effect from 03.10.2021 is greater than 90 days, the longer period applies. [¶8]

Does the excluded period apply to time limits under the Arbitration, Commercial Courts and Negotiable Instruments Acts?

Yes. The period from 15.03.2020 till 02.10.2021 also stands 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 under any other law prescribing periods of limitation for instituting proceedings, outer limits within which a court or tribunal can condone delay, and termination of proceedings. [¶8]

Could the earlier relaxation of limitation be modified so that only the balance period becomes available?

No. The order of 23.03.2020 was passed in view of an extraordinary health crisis and was brought to an end on 08.03.2021, permitting relaxation between 15.03.2020 and 14.03.2021, while making it clear that limitation would start from 15.03.2021. That order being only a one time measure in view of the pandemic, the Court was not inclined to modify the conditions it contained. [¶6]

“1. Due to the outbreak of COVID-19 pandemic in March, 2020, this Court took Suo Motu cognizance of the difficulties that might be faced by the litigants in filing petitions/ applications/ suits/ appeals/ all other proceedings within the period of limitation prescribed under the general law of limitation or under any special laws (both Central and/or State). On 23.03.2020, this Court directed extension of the period of limitation in all proceedings before the Courts/Tribunals including this Court w.e.f. 15.03.2020 till further orders.”

“5. We have heard learned Attorney General for India, Mr. Vikas Singh, learned Senior Counsel for the Election Commission of India, Mr. Shivaji M. Jadhav, learned counsel for the SCAORA and other learned Advocates. There is consensus that there is no requirement for continuance of the initial order passed by this Court on 23.03.2020 and relaxation of the period of limitation need not be continued any further. The contention of Mr. Vikas Singh is that the order dated 08.03.2021 can be restored, subject to a modification. He submitted that paragraph No.2 of the order dated 08.03.2021 provides that the limitation period of 90 days will start from 15.03.2021 notwithstanding the actual balance of period of limitation in cases where limitation has expired between 15.03.2020 and 14.03.2021. According to him, the period of limitation prior to 15.03.2020 has to be taken into account and only the balance period of limitation should be made available for the purpose of filing cases.”

“6. The order dated 23.03.2020 was passed in view of the extraordinary health crisis. On 08.03.2021, the order dated 23.03.2020 was brought to an end, permitting the relaxation of period of limitation between 15.03.2020 and 14.03.2021. While doing so, it was made clear that the period of limitation would start from 15.03.2021. As the said order dated 08.03.2021 was only a one-time measure, in view of the pandemic, we are not inclined to modify the conditions contained in the order dated 08.03.2021.”

“8. Therefore, we dispose of the M.A. No.665 of 2021 with the following directions: - 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 15.03.2020, 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”