What period is excluded in computing limitation on account of the COVID-19 pandemic?

Held: The order dated 23.03.2020 extending the period of limitation on account of the COVID-19 pandemic has served its purpose as normalcy returns, and the extension of limitation is accordingly brought to an end, subject to transitional directions. (¶1)

Held further: The period from 15.03.2020 to 14.03.2021 stands excluded in computing limitation for any suit, appeal, application or proceeding; where limitation would have expired during that period, a uniform period of 90 days from 15.03.2021 applies, or the longer balance period remaining, if greater. (¶2)

Held further: This exclusion also applies to 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 the provisos to Section 138 of the Negotiable Instruments Act 1881. (¶2)

What period is excluded in computing limitation on account of the COVID-19 pandemic?

The period from 15.03.2020 to 14.03.2021 stands excluded in computing limitation for any suit, appeal, application or proceeding. [¶2]

What limitation period applies where it would have expired between 15.03.2020 and 14.03.2021?

A uniform period of 90 days from 15.03.2021 applies, or the longer balance period remaining as on 15.03.2020, if that is greater. [¶2]

Does the limitation extension also apply under the Arbitration Act and the Negotiable Instruments Act?

Yes. The excluded period also applies in computing time under Sections 23(4) and 29A of the Arbitration and Conciliation Act 1996, Section 12A of the Commercial Courts Act 2015, and the provisos to Section 138 of the Negotiable Instruments Act 1881. [¶2]

“1. Due to the onset of COVID-19 pandemic, this Court took suo motu cognizance of the situation arising from difficulties that might be faced by the litigants across the country 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 or State). By an order dated 23.03.2020 this Court extended the period of limitation prescribed under the general law or special laws whether compoundable or not with effect from 15.03.2020 till further orders. The order dated 23.03.2020 was extended from time to time. Though, we have not seen the end of the pandemic, there is considerable improvement. The lockdown has been lifted and the country is returning to normalcy. Almost all the Courts and Tribunals are functioning either physically or by 1 | Page virtual mode. We are of the opinion that the order dated 23.03.2020 has served its purpose and in view of the changing scenario relating to the pandemic, the extension of limitation should come to an end.”

“2. We have considered the suggestions of the learned Attorney General for India regarding the future course of action. We deem it appropriate to issue the following directions: - 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 2 | Page 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. 4. The Government of India shall amend the guidelines for containment zones, to state. “Regulated movement will be allowed for medical emergencies, provision of essential goods and services, and other necessary functions, such as, time bound applications, including for legal purposes, and educational and job-related requirements.” 3. The Suo Motu Writ Petition is disposed of accordingly. ........................CJI. [ S. A. BOBDE ] ................................J. [ L. NAGESWARA RAO ] ..............................J. [ S. RAVINDRA BHAT ] New Delhi, March 08, 2021. 3 | Page”