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Limitation Period Restored to Pre-Covid era! - MMJC
The Supreme Court of India had been extending the limitation period by passing various interim orders and has now finally decided to put an end to this keeping in mind the improved situation of COVID-19 in the country.
Considering the reduction in the prevalence of COVID-19 virus and normalcy being restored Supreme Court of India has passed an order on 23rd September 2021 lifting the extension in the following manner:
| Sr. No | Computation | Time Period to be excluded |
| 1 | In computing the period of limitation for any suit, appeal, application, or proceeding | The period from 15th March 2020 till 2nd October 2021 to be excluded |
| 2 | In the event where the actual balance period of limitation remaining is less than 90 days. | The period of 90 days would be considered from 3rd October 2021.* |
| 3 | In the event where the actual balance period of limitation remaining is greater than 90 days | The longer period would be considered* |
* Where the limitation would have expired between 15th March 2020 till 2nd October 2021
It is also to be noted that the period from 15th March 2020 till 2nd October 2021 also stand excluded in computing the periods prescribed under Sections 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings.
The Supreme Court has further directed the Government of India to amend the guidelines for containment zones, to state, and to regulate the movement for legal purposes as well.