Legal Insight + Business Instinct

Extension of Limitation by Supreme Court due to second wave of Covid-19

Pratice Area

A Full bench of the Hon’ble Supreme Court of India, taking note of the extraordinary situation caused
by the second wave of COVID-19 outbreak, restored its earlier order dated March 23, 2020 in Re
Cognizance for Extension of Limitation (SMW(C) No. 3/2020) and directed that the period(s) of
limitation, as prescribed under any general or special laws and whether condonable or not, would
stand extended till further orders. The SC further clarified that the period from March 14, 2021 till the
date of further orders would 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 limitation period(s) for instituting proceedings, outer limits (within which
the court or tribunal can condone delay) and termination of proceedings. This order is binding on all
courts, tribunals and authorities in India
Hence, the period of limitation in filing petitions, applications, suits, appeals and all other
proceedings, irrespective of the period of limitation prescribed under the general or special laws, shall
continue to stand extended with effect from March 15, 2020 till further orders in this regard.