COVID-19| SC extends limitation prescribed under the A&C, 1996 and the NI Act,1881

Supreme Court: The 3-judge bench of SA Bobde, Deepak Gupta and Hrishikesh Roy, JJ has directed extended the limitation prescribed under the Arbitration and Conciliation Act, 1996 and under section 138 of the Negotiable Instruments Act 1881. The Court directed that the limitation period under the said Acts,

“shall be extended with effect from 15.03.2020 till further orders to be passed by this Court in the present proceedings.”

The said order of the Court came in furtherance of the order passed on March 23, 2020 in IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION, 2020 SCC OnLine SC 343, wherein the 3-judge bench of SA Bobde, CJ and L. Nageswara Rao and Surya Kant, JJhad  invoked its power under Article 142 read with Article 141 of the Constitution of India and extended limitation period of appeals from high courts or tribunals on account of coronavirus (COVID-19) pandemic.

The Court took into consideration the effect of the Corona Virus (COVID 19) and resultant difficulties being faced by the lawyers and litigants and passed the present order with a view to obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunal across the country including this Court.

The Court further said,

“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.”

[IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION,  2020 SCC OnLine SC 434 , order dated 06.05.2020]

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