Keeping in mind the drastic surge in COVID cases in India, a miscellaneous application was filed at Supreme Court of India seeking restoration of the previous orders seeking relaxation of limitation period. Taking into consideration the present scenario and impact of the surge of cases on public health & adversities faced by the litigants in the prevailing conditions, the apex court of India has passed following orders:
The order of suspension of deadlines dated March 23, 2020 and subsequent orders dated March 08, 2021, April 27, 2021 and September 23, 2021 have been restored. Therefore, while computing deadlines and limitation, period from March 15, 2020 to February 28, 2022 shall stand excluded. Consequently, the balance period of limitation remaining as on October 03, 2021, if any, shall become available with effect from March 01, 2022. In cases where the limitation would have expired during the period between March 15, 2020, till February 28, 2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from March 01, 2022 (i.e. 01. 03.2022+ 90 days). In the event the actual balance period of limitation remaining, with effect from March 01, 2022, is greater than 90 days, that longer period shall apply. The said period from March 15, 2020 till February 28, 2022 shall also stand excluded in computing the limitation periods prescribed under various acts such as Section 23 (4) and 29A of Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015, Section 138 (b) & (c) of Negotiable Instruments Act, 1881 or any other law that governs limitation period, termination of proceedings for any proceeding.