The Supreme Court In the case of [In re suo motu cognizance of limitation] on Tuesday, April 27, 2021 extended limitation period for the filing of cases in courts and tribunals with effect from 14 March 2021 until further orders in view of the second wave of the COVID19 pandemic. The Supreme Court found that there is an ‘alarming situation’ and certain steps need to be taken.
The Bench extended all periods of limitation ending on 14 March 2021 until further orders. The period from 14 March 2021 will stand excluded from computing the limitation period under all special and general laws. The Bench also directed that the time period prescribed for doing any act under any law will also stand extended.
You may recall that on 8 March, 2021, the Supreme Court ended the extension of limitation with effect from 14 March 2021 by closing the suo moto case, observing that the COVID-19 situation had improved.
As per the earlier order of the Supreme Court, if the limitation would have expired during the period between 15 March 2020 till14 March 2021, and the Court had directed that notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 15 March 2021. And if the period of limitation is remaining, with effect from 15 March 2021, is greater than 90 days, that longer period shall apply.
The current order dated 27th April 2021 supercedes all these orders and now the period of limitation stands suspended.
This order applies to all High Courts as well as Tribunals including the Patent and Trademark offices. And includes deadlines for national phase applications etc