The Hon’ble Supreme Court while dealing with the issue of limitation in lieu of the COVID -19 pandemic, suo moto took cognizance of the difficulties to be faced by the litigants across the country in filing their petitions/applications/suits/ appeals/all other proceedings within the period of limitation and therefore through its order dated 23.03.2020 extended the period of limitation in all matters w.e.f  15.03.2020 till further orders.

The matter was again taken up by the Hon’ble Court on 06.05.2020 after several Interlocutory Applications were filed to seek clarification and directions, in respect of the proceedings under Section 29A of Arbitration and Conciliation Act, 1996 and initiation of proceedings under Section 138 of Negotiable Instruments Act,1881, in light of the order dated 23.03.2020.

The Hon’ble Supreme Court clarified that the order date 23.03.2020 is equally applicable to Arbitration and Conciliation Act, 1996 and Section 138 Negotiable Instruments Act, 1881 and therefore all periods of limitation prescribed under such acts and such sections are extended with effect from 15.03.2020 till further orders.

The court further by giving and illustration clarified that, “in case the limitation has expired after 15.03.2020 then the period from 15.03.2020 till the date on which the lockdown is lifted in the jurisdictional area where the dispute lies or where the cause of action arises shall be extended for a period of 15 days after the lifting of lockdown”.

The matter was again taken up by the Hon’ble Supreme Court on 10.07.2020 after several Interlocutory Applications were filed and certain clarification and modification was sought in the order dated 06.05.2020.

Judgement passed by: Supreme Court of India