Summary
In this order of 23 September 2021, the Court ended the then-continuing pandemic limitation relaxation and excluded 15 March 2020 through 2 October 2021 when computing limitation. Remaining time became available from 3 October 2021. Where limitation would have expired during the excluded interval, it granted 90 days from that date, or the longer actual balance. The exclusion also covered specified arbitration, mediation and cheque-notice periods, other prescribed outer limits and termination periods. Regulated movement for essential time-bound purposes was retained.
Issues
- How the pandemic limitation relaxation should operate upon its withdrawal in this September 2021 order.
- Whether the minimum 90-day protection should be replaced by only the pre-pandemic balance.
Provisions considered
- Articles 142 and 141, Constitution of IndiaThe exceptional pandemic limitation directions were continued and then adjusted through the Court’s binding nationwide orders. (¶¶ 1, 2, 3, 4, 5, 6, 8)
- Sections 23(4) and 29A, Arbitration and Conciliation Act, 1996The specified exclusion applied to the statutory periods for pleadings and arbitral awards. (¶¶ 2, 3, 8(III))
- Section 12A, Commercial Courts Act, 2015The specified exclusion also covered the pre-institution mediation period. (¶¶ 2, 3, 8(III))
- Provisos (b) and (c) to Section 138, Negotiable Instruments Act, 1881The order expressly extended the exclusion to the specified demand-notice and payment periods. (¶¶ 2, 3, 8(III))
Held
- For any suit, appeal, application or proceeding, 15 March 2020 through 2 October 2021 was excluded in computing limitation. Any balance remaining as on 15 March 2020 became available from 3 October 2021 under this order. (¶ 8(I))
- Where limitation would have expired between 15 March 2020 and 2 October 2021, all persons received 90 days from 3 October 2021 notwithstanding the shorter actual balance. If the actual remaining period from that date was longer than 90 days, that longer period applied. The Court declined the proposed modification that would have restricted relief to the actual balance alone. (¶¶ 5, 6, 8(II))
- The same interval was excluded for Sections 23(4) and 29A of the Arbitration Act, Section 12A of the Commercial Courts Act and provisos (b) and (c) to Section 138 of the Negotiable Instruments Act, as well as other laws prescribing institution periods, condonation outer limits and termination periods. (¶ 8(III))
- The Union was directed to amend containment-zone guidelines to allow regulated movement for medical emergencies, essential goods and services, and other necessary functions including time-bound legal applications and educational or employment requirements. The miscellaneous application was disposed of. (¶¶ 7, 8(IV))
Result
Miscellaneous application disposed of with historical limitation exclusion through 2 October 2021, resumption from 3 October 2021 with the specified 90-day or longer-balance protection, and regulated-movement directions.