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Supreme Court extends limitation period for filing cases till further orders

Team SoOLEGAL 7 May 2020 5:37pm

Supreme Court extends limitation period for filing cases till further orders

NEW DELHI: In view of the difficulties faced by lawyers and litigants in approaching this pandemic due to COVID19, the Supreme Court has extended the limitation period.

 “It is hereby ordered that all period 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 March 15 till further orders to be passed by this court,” it said.

The top court had March 23 suo motu extended the limitation period for filing appeals against orders passed by various high courts and tribunals till further orders. The concession extended with effect from March 15 to all general law of limitation and special laws-central or state.

“In case the limitation has expired after March15, 2020 then the period from March 15, 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,” it said.

Invoking its special powers according to Article 142 of the Constitution, the Supreme Court had made it clear that the order would be binding on all tribunals. It also released notice to all the high court registrars general, asking them to respond within four weeks.

“In view of this court’s earlier order on March 23 and taking into consideration the effect of the COVID-19 and resultant difficulties being faced by the lawyers and litigants and 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, it is hereby ordered that 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 March 15 , 2020 till further orders,” the Supreme Court order.



Tagged: Supreme Court   filing cases   limitation period   COVID19   Arbitration and Conciliation Act   section 138   suo motu extended  
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