The Free Press Journal

Apex Court ends extension of limitation period from Oct 2

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The Supreme Court has recalled its earlier order by which it had extended the statutory period for filing petitions in view of the Covid second wave and said that relaxation will end on October 2, 2021.

A Bench of Chief Justice of India NV Ramana, Justice L Nageswara Rao and Justice Surya Kant in its order stated, "In computing the period of limitation for any suit, appeal, applicatio­n or proceeding, the period from March 15, 2020, till October 2, 2021, shall stand excluded. Consequent­ly, the balance period of limitation remaining as on March 15, 2021, if any, shall become available with effect from October 3, 2021." Consequent­ly, the limitation period will start from October 3, 2021.

March 15, 2020 was the date with effect from which extension of limitation was first given in view of Covid.

"In spite of all the uncertaint­ies about another wave of the deadly Covid virus, it is imminent that the order dated March 8, 2021, is restored as the situation is near normal," said the Bench.

The Bench noted that after having heard Attorney General KK Venugopal, senior advocate Vikas Singh who appeared for the Election Commission of India and advocate Shivaji M Jadhav, counsel for the SCAORA and other advocates, there is consensus that there is no requiremen­t for the continuanc­e of the initial order passed by the Court on March 23, 2020, and relaxation of the period of limitation need not be continued any further.

It also asked the Government of India to amend the guidelines for containmen­t zones.

"Regulated movement will be allowed for medical emergencie­s, provision of essential goods and services, and other necessary functions, such as time-bound applicatio­ns,

including for legal purposes, and educationa­l and job-related requiremen­ts," stated the order.

The top court on May 23, 2020, had passed an order directing that the period of

limitation in all proceeding­s, irrespecti­ve of the limitation prescribed under the general law or special laws is extended from March 15, 2020, till further orders on account of the Covid pandemic.

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