India – SC Recalls Extension Of Limitation Period Order.

Order Dated: 23 September 2021
 

Summary:
 

Pursuant to the COVID-19 outbreak in India, the SC vide order dated 23 March 2020 and then again on 27 April 2021 extended the period of limitation within which one could file cases under the laws of India. Now that the COVID-19 pandemic in India is on the decline and there is normalcy being restored, the SC has recalled its earlier order and passed the following directions vide a fresh order dated 23 September 2021:
 

a. In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15 March 2020 till 02 October 2021 shall stand excluded;
 

b. In cases where the limitation would have expired during the period between 15 March 2020 till 02 October 2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 (ninety) days from 03 October 2021. In the event the actual balance period of limitation remaining, with effect from 03 October 2021, is greater than 90 (ninety) days, that longer period shall apply; and

c. The period from 15 March 2020 till 02 October 2021 shall stand excluded in computing the periods prescribed under any law, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings.
 

 

For further information, please contact:  

Souvik Ganguly, Partner, Acuity Law