A bench headed by Chief Justice of India NV Ramana on Thursday speculated that the April 27 order can be lifted. He also remarked that the details regarding the same will be shared soon.
The order dated April 27, extends the limitation period to file cases, from October 1. The bench is planning to reverse its decision.
“I figure we can lift the order”. We would now be able to say that the time of expansion will be up to October 1,” the CJI said.
The Attorney-general of India, KK Venugopal welcomed this suggestion after commenting on the zero presence of containment zones in the nation.
The court will exercise its power under Article 142 and will issue a detailed order regarding the same.
The High Court had on April 27, requested that the impediment period under any broad or uncommon laws in regard to all legal or semi-official procedures in the nation will stand reached out until additional orders.
The order for extension was passed by the bench of Chief Justice of India NV Ramana and Judges Surya Kant and AS Bopanna considering the COVID-19 situation. A plea regarding the same was filed in Supreme Court by Supreme Court Advocates on-Record Association (SCAORA).
“The steep rise in COVID-19 cases is not limited to Delhi alone but it has engulfed the entire nation. The extraordinary situation caused by the sudden and second outburst of COVID-19 Virus, thus, requires extraordinary measures to minimize the hardship of litigants–public in all the states,” the Court had noticed.
The bench had requested that a similar order passed on March 23 last year be reestablished. In March 2020, the apex court had taken up the issue suo moto and issued the suspension of limitations periods considering the fact that the litigants were not able to approach the court due to pandemics.
Later the said order was reviewed by the court after observing the downfall in cases.
The SCAORA moved to the Supreme Court seeking the suspension of limitations periods considering the Coronavirus cases across the nation.
The court on Tuesday said, “We, therefore, restore the order dated 23rd March 2020 and in continuation of the order dated March 8, 2021, direct that the period(s) of limitation, as prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings, whether condonable or not, shall stand extended till further orders”.
The Court further stated that the period from March 14, 2021, till further orders to be excluded from computing the periods endorsed under Section 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015, and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and whatever other laws, which prescribe period(s) of restriction for instituting procedures, external cutoff points (inside which the court or council can support postponement) and termination of proceedings.
