Order Extending Limitation Amidst COVID19 Pandemic Still Operative: SC

Recently the Supreme Court has observed that its Order of 23.03.2020 amidst COVID19 Pandemic extending the limitation for filing cases in courts and tribunal is still operative.

A Bench of Hon’ble Justice Vineet Saran and Hon’ble Justice S.Ravindra Bhatt observed aforesaid while setting aside an Order passed by NCDRC, declining to accept a Written Statement as it was being filed beyond 45 days of limitation.

It was noted by the Court that in the present case the limitation of filing written statement expired on 12 August 2020 (30 Days) and further extendable period of 15 days expired on 27.08.2020, but the same was filed thereafter.

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The Supreme Court observed that though in the case of New India Assurance Co. Ltd. Hilli Multipurpose Cold Storage (P) Ltd., it was provided that filing of written statement shall not be permitted beyond the statutory period of 45 days, but the considering the COVID19 situation the Supreme Court in the exercise of its power under Article 142 passed an Order on 23.3.2020 in Suo Motu Writ Petition in which it was directed as follows:

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.”

Therefore, in the present case the limitation for filing the Written Statement has not expired and infact extended  by the aforesaid Order.

Scope of Order Enhanced by subsequent Orders

Further, the Court made a very important observation that the limitation extended vide above Order is still operative and infact by subsequent Orders the scope has been further enlarged to Arbitration Proceedings, Negotiable Instrument Act etc.

Accordingly the Supreme Court has allowed the appeal and has directed the NCDRC to take the Written Statement on record.

CASE DETAILS

TITLE: M/s. SS GROUP PVT. LTD. vs. AADITIYA J. GARG & ANR. 

CASE NO.-CIVIL APPEAL NO.4085 OF 2020

CORAM: Hon’ble Justice Vineet Saran and Hon’ble Justice S. Ravindra Bhat

COUNSEL: Adv Sanjay K. Shandilya, Adv Naveen Kumar

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