Supreme Court Disposes of Miscellaneous Application in Suo Motu Limitation Extension Case with Final Directions. The Court excluded the period from 15.03.2020 to 02.10.2021 in computing limitation under general and special laws, providing a 90-day period from 03.10.2021 for cases where limitation expired, and applied this to specific statutes including Arbitration and Conciliation Act, 1996, and Negotiable Instruments Act, 1881.

A) Limitation Law - Extension of Limitation Periods - COVID-19 Pandemic - Limitation Act, 1963 and various special laws - The Supreme Court, in suo motu proceedings, considered the difficulties faced by litigants due to the COVID-19 pandemic and extended limitation periods. Initially, on 23.03.2020, the Court directed extension from 15.03.2020 till further orders. On 08.03.2021, it excluded the period from 15.03.2020 to 14.03.2021 and provided a 90-day period from 15.03.2021 for expired cases. Due to a second surge, the order dated 23.03.2020 was restored on 27.04.2021. In the present order, the Court disposed of the miscellaneous application by directing exclusion from 15.03.2020 to 02.10.2021, with a 90-day period from 03.10.2021 for expired cases, and applied this to specific statutes. Held that the order dated 08.03.2021 should not be modified as it was a one-time measure, and the extension need not continue further due to restored normalcy. (Paras 1-8)

B) Constitutional Law - Judicial Powers - Binding Orders - Article 142 and Article 141 of the Constitution of India - The Court exercised its powers under Article 142 read with Article 141 to pass binding orders on all Courts/Tribunals and Authorities regarding the extension of limitation periods. This was done to address the extraordinary situation caused by the COVID-19 pandemic and minimize hardship for litigants. The order dated 27.04.2021 explicitly stated this exercise of power, ensuring nationwide applicability. Held that such orders are binding under Article 141. (Paras 3, 8)

C) Arbitration Law - Exclusion of Periods in Arbitration Proceedings - Arbitration and Conciliation Act, 1996, Sections 23(4) and 29A - The Court directed that the period from 15.03.2020 to 02.10.2021 shall be excluded in computing periods prescribed under Sections 23(4) and 29A of the Arbitration and Conciliation Act, 1996. This applies to proceedings instituting arbitration and outer limits for condoning delay. The exclusion was part of the broader limitation extension due to the pandemic. Held that this exclusion is necessary to align with the general extension of limitation periods. (Paras 2, 8)

D) Commercial Law - Exclusion of Periods in Commercial Courts - Commercial Courts Act, 2015, Section 12A - The Court directed that the period from 15.03.2020 to 02.10.2021 shall be excluded in computing periods prescribed under Section 12A of the Commercial Courts Act, 2015. This pertains to pre-institution mediation and other limitation periods in commercial disputes. The exclusion ensures consistency with the pandemic-related extension. Held that this measure prevents prejudice to litigants in commercial proceedings. (Paras 2, 8)

E) Negotiable Instruments Law - Exclusion of Periods in Cheque Dishonour Cases - Negotiable Instruments Act, 1881, Section 138 provisos (b) and (c) - The Court directed that the period from 15.03.2020 to 02.10.2021 shall be excluded in computing periods prescribed under provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881. This relates to the limitation for filing complaints in cheque dishonour cases. The exclusion is part of the comprehensive extension to mitigate pandemic impacts. Held that this ensures fairness in time-bound proceedings under the Act. (Paras 2, 8)

Whether the extension of limitation periods due to the COVID-19 pandemic should be continued, restored, or modified, and the appropriate directions for computing limitation periods

• Extension of limitation periods under general and special laws
• exclusion of specified periods in computing limitation
• exercise of powers under Article 142 read with Article 141 of the Constitution of India
• restoration and modification of previous orders based on pandemic conditions