Limitation period to be computed as per Supreme Court’s order: Office of CGPDTM
The Hon’ble Supreme Court of India, through its suo moto cognizance, vide order dated 23.03.2020, had ordered a period of limitation in all Courts/Tribunals across the country from 15th March 2020 till further orders on account of the difficulties faced by the litigants across the country due to the outbreak of Covid-19 pandemic.
The above order was brought to an end on 08.03.2021, permitting the relaxation period between 15.03.2020 and 14.03.2021.
Due to the second surge in Covid-19 cases, the Supreme Courts Advocates on Record intervened in suo moto proceedings and sought restoration of the limitation period. The Supreme Court had extended the limitation period w.e.f 15.03.2021 till 21.01.2021.
Due to the surge of a new variant and the number of Covid-19 cases increasing, the SCAOR had sought further extension of the limitation order.
The Supreme Court issued directions and restored the order dated 23.03.2020 and directed:
- The period from 15.03.2020 till 28.02.2022 shall stand excluded for limitation purposes under any general or special laws in respect of all judicial or quasi-judicial proceedings.
- Further, the Supreme Court stated the balance period of limitation remaining as of 03.10.2021, if any, shall become available with effect from 01.03.2022.
- Further, in cases where the limitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the substantial balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022. If the actual balance period of limitation staying, with effect from 01.03.2022, is greater than 90 days, that more extended period shall apply.
The Office of CGPDTM issued a public notice dated 18th January 2022 stating that the limitation period shall be computed as per the order dated 10.01.2022 passed by the Hon’ble Supreme Court of India.
Read order here
Disclaimer: This brief is intended to provide general guidance to the subject matter. It does not contain legal advice. For any specific advice/corrections, write to [email protected]
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