Limitation - Covid19

17.12.2020 | Limitation – Covid19 - Suo Motu Writ Petition (Civil) No.3 of 2020 - Order dated 23.03.2020 is still operative and by subsequent orders, the scope has been enlarged so that the said order applies in other proceedings also. #2020 SCeJ 2164 / (2021-1)201 PLR 138 (SC)

17.12.2020 | Consumer Protection Act, 2019 , Section 38(2)(a) – Period for filing written statement expired (August, 2020) when the order dated 23.03.2020 passed by this Court in SMW(C) No.3 of 2020 was continuing - Limitation for filing the written statement before the National Commission would be deemed to have been extended – Limitation – Covid19. #2020 SCeJ 2164 / (2021-1)201 PLR 138 (SC)

02.12.2020 | Consumer Protection Act, 2019, Section Section 38(2)(a) - Consumer Protection Act, 1986, Section 13(1)(a) - Limitation for filing Written statement - Supreme Court in the case of Suo Motu Writ Petition (Civil) No (s) 3 of 2020 – Cognizance for Extension of Limitation, vide Order dated 23.03.2020, had extended the period of limitation in all such proceedings irrespective of the limitation prescribed under the General Law or Special Law w.e.f. 15.03.2020 till further orders – NCDRC in compliance vide its Office Order dated 24.03.2020, had extended the period of limitation w.e.f. 15.03.2020 till further orders - As the Hon’ble Supreme Court, vide its Order, dated 23.03.2020 and this Commission vide Office Orders dated 24.03.2020 and 23.04.2020 had extended the period of limitation for filing the Complaints/Appeals/Revision Petitions as also the Written Version/ Written Statement/Reply to be filed by the Opposite Party, with effect from 15.03.2020 till further orders, the right of the Respondent/Applicant to file the Written Version which had been closed, is in the teeth of the Orders passed by the Hon’ble Supreme Court and the Office Orders issued by this Commission – Order wherein the right to file Written Version of the Review Petitioner had been closed – Recalled. #2020 SCeJ 2128 (NCDRC)

18.09.2020 | Limitation - Suo Motu Writ Petition (Civil) No.3 of 2020, #2020 SCeJ 944, (2020-3)199 PLR 110 (SC) - What was extended by the order of this Court dated 23.03.2020 passed in Suo Motu Writ Petition (Civil) No.3 of 2020 was only "the period of limitation" and not the period upto which delay can be condoned in exercise of discretion conferred by the statute – Copy taken on 19.12.2019 – 45 days to file the appeal under Section 421(3) of the Companies Act, 2013 expired on 02.02.2020 – Under proviso to section 421(3), Appellate Tribunal was empowered to condone the delay upto a period of 45 days - This period of 45 days started running from 02.02.2020 and it expired on 18.03.2020 - The appellants did not file the appeal on or before 18.03.2020, but filed it on 20.07.2020 – Order in in Suo Motu Writ Petition (Civil) No.3 of 2020 was passed on 23.03.2020 that “ ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings” - The above order passed by this Court was intended to benefit vigilant litigants who were prevented due to the pandemic and the lockdown, from initiating proceedings within the period of limitation prescribed by general or special law – What was extended by the above order of this Court was only "the period of limitation" and not the period upto which delay can be condoned in exercise of discretion (as prescribed in Proviso to Section 421(3) where discretion was given to the tribunal to entertain the appeal within an additional 45 days) conferred by the statute. #2020 SCeJ 1705 , (2020-4)200 PLR 105 (SC)

18.09.2020 | Limitation - Free Copy - Computation of - Under the Act, the appellants were entitled to be furnished with a certified copy of the order free of cost - Limitation will start from the date of receipt of free copy. #2020 SCeJ 1705, (2020-4)200 PLR 105 (SC)

18.09.2020 | Limitation – Paid Copy - Under the provisions of the Act the appellants were entitled to be furnished with a certified copy of the order free of cost – Limitation will start from the date of receipt of free copy – However if a party applies for the certified copy in the meantime, then the limitation shall start from the date of receipt of the copy by the counsel - Companies Act, 2013, Section 420(3) , 421(3) - National Company Law Tribunal Rules, 2016, Rule 50. #2020 SCeJ 1705, (2020-4)200 PLR 105 (SC)

18.09.2020 | Limitation Act, 1877 (15 of 1877) Section 4 - "prescribed period" - In the order dated 23.03.2020 passed in Suo Motu Writ Petition (Civil) No.3 of 2020 it was “ ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings “ - What was extended by the order of this Court dated 23.03.2020 was only "the period of limitation" and not the period upto which delay can be condoned in exercise of discretion conferred by the statute. #2020 SCeJ 1705, (2020-4)200 PLR 105 (SC)

18.09.2020 |Limitation - Law of limitation finds its root in two latin maxims, one of which is Vigilantibus Non Dormientibus Jura Subveniunt which means that the law will assist only those who are vigilant about their rights and not those who sleep over them. #2020 SCeJ 1705, (2020-4)200 PLR 105 (SC)

10.07.2020 |Covid 19 - Arbitration and Conciliation Act, 1996 Section 29A – In Suo Moto Writ Petition (C) No. 3/2020, vide order dated 23.03.2020 (#2020 SCeJ 944, (2020-3)199 PLR 110 (SC)) and 06.05.2020 (#2020 SCeJ 945, (2020-3)199 PLR 110 (SC)), all periods of limitation prescribed under the Arbiration and Conciliation Act, 1996 shall be extended w.e.f. 15.03.2020 till further orders - Section 29A of the Arbitration and Conciliation Act, 1996 does not prescribe a period of limitation but fixes a time to do certain acts, i.e. making an arbitral award within a prescribed time - We, accordingly, direct that the aforesaid orders shall also apply for extension of time limit for passing arbitral award under Section 29A of the said Act. #2020 SCeJ 1702, (2020-4)200 PLR 102 (SC)

10.07.2020 |Arbitration and Conciliation Act, 1996 Section 23(4) - Covid 19 - In Suo Moto Writ Petition (C) No. 3/2020, vide order dated 23.03.2020 (#2020 SCeJ 944, (2020-3)199 PLR 110 (SC)) and 06.05.2020 (#2020 SCeJ 945, (2020-3)199 PLR 110 (SC)), all periods of limitation prescribed under the Arbiration and Conciliation Act, 1996 shall be extended w.e.f. 15.03.2020 till further orders - Section 23(4) of the Arbitration and Conciliation Act, 1996 provides for a time period of 6 months for the completion of the statement of claim and defence - Direct that the aforesaid orders shall also apply for extension of the time limit prescribed under Section 23(4) of the said Act. #2020 SCeJ 1702, (2020-4)200 PLR 102 (SC)

10.07.2020 |Commercial Courts Act, 2015, Section 12A - Covid 19 - Pre-Institution Mediation and Settlement under Section 12A of the Commercial Courts Act, 2015 - Under Section 12A of the Commercial Courts Act, 2015, time is prescribed for completing the process of compulsory pre-litigation, mediation and settlement - The said time is liable to be extended - Direct that the said time shall stand extended from the time when the lockdown is lifted plus 45 days thereafter - That is to say that if the above period, i.e. the period of lockdown plus 45 days has expired, no further period shall be liable to be excluded. #2020 SCeJ 1702, (2020-4)200 PLR 102 (SC)

10.07.2020 |Covid 19 - Service of all notices, summons and exchange of pleadings - Service of notices, summons and pleadings etc. have not been possible during the period of lockdown because this involves visits to post offices, courier companies or physical delivery of notices, summons and pleadings - Direct that such services of all the above may be effected by e-mail, FAX, commonly used instant messaging services, such as WhatsApp, Telegram, Signal etc. - However, if a party intends to effect service by means of said instant messaging services, we direct that in addition thereto, the party must also effect service of the same document/documents by e-mail, simultaneously on the same date. #2020 SCeJ 1702, (2020-4)200 PLR 102 (SC)

10.07.2020 |Negotiable Instruments Act, 1881 - Covid 19 - Extension period of validity of a cheque - Said period has not been prescribed by any Statute but it is a period prescribed by the Reserve Bank of India under Section 35-A of the Banking Regulation Act, 1949 - Do not consider it appropriate to interfere with the period prescribed by the Reserve Bank of India, particularly, since the entire banking system functions on the basis of the period so prescribed - Banking Regulation Act,1949, Section 35-A. #2020 SCeJ 1702, (2020-4)200 PLR 102 (SC)

06.05.2020 | Limitation Act, 1963, Section 5 - Constitution of India, Art. 141, 142 – Arbitration and Conciliation Act, 1996, Section 29A - Negotiable Instruments Act, 1881, Section 138 - Covid19 – Lockdown – Extention of limitation – All periods of limitation prescribed under the Arbitration and Conciliation Act, 1996 and under section 138 of the Negotiable Instruments Act 1881 shall be extended with effect from 15.03.2020 till further orders to be passed by this Court in the present proceedings - 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. #2020 SCeJ 945, (2020-3)199 PLR 110 (SC)

23.03.2020 | Limitation Act, 1963, Section 5 - Constitution of India, Art. 141, 142 – Covid19 – Lockdown – Extention of limitation – Taking Suo Motu notice of the difficulties that may be faced by litigants across the country in filing their petitions/applications/suits/ appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under Special Laws (both Central and/or State) - To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings. #2020 SCeJ 944, (2020-3)199 PLR 110 (SC)