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Judgment
Dr. A. P. Thaker, J
Heard Mr. L.V. Patel, learned advocate for the applicant-appellant through video-conferencing.
Mr. L.V. Patel, learned advocate for the applicant has submitted that there is a delay of 42 days in preferring the Appeal against the order dated
25.10.2021 vide below Exh-6 and 7 passed by the City Civil Court, Ahmedabad in Civil Suit No. 605/2021.
Mr. Patel, learned advocate has submitted that the Hon’ble Apex Court recently by order dated 10.1.2022 in Misc. Application No. 21 of 2022 in
Misc. Application No. 665 of 2021 in Suo Motu Writ Petition (C) No. 3 of 2020 in Re: Cognizance for extension Limitation with Misc. Application No.
29 of 2022 in Misc. Application No. 665 of 2021 in Suo Motu Writ Petition (C) No. 3 of 2020 has extended the limitation period.
On perusal of the order, the Hon’ble Apex Court has laid down as under:
“1. In March, 2020, this Court took Suo Motu cognizance of the difficulties that might be faced by the litigants in filing petitions/ applications/ suits/
appeals/ all other quasi proceedings within the period of limitation prescribed under the general law of limitation or under any special laws (both
Central and/or State) due to the outbreak of the COVID-19 pandemic.
On 23.03.2020, this Court directed extension of the period of limitation in all proceedings before Courts/Tribunals including this Court w.e.f.
15.03.2020 till further orders. On 08.03.2021, the order dated 23.03.2020 was brought to an end, permitting the relaxation of period of limitation
between 15.03.2020 and 14.03.2021. While doing so, it was made clear that the period of limitation would start from 15.03.2021.
Thereafter, due to a second surge in COVID- 19 cases, the Supreme Court Advocates on Record Association (SCAORA) intervened in the Suo
Motu proceedings by filing Miscellaneous Application No. 665 of 2021 seeking restoration of the order dated 23.03.2020 relaxing limitation. The
aforesaid Miscellaneous Application No.665 of 2021 was disposed of by this Court vide Order dated 23.09.2021, wherein this Court extended the
period of limitation in all proceedings before the Courts/Tribunals including this Court w.e.f 15.03.2020 till 02.10.2021.
The present Miscellaneous Application has been filed by the Supreme Court Advocates-on- Record Association in the context of the spread of the
new variant of the COVID -19 and the drastic surge in the number of COVID cases across the country. Considering the prevailing conditions, the
applicants are seeking the following:
i. allow the present application by restoring the order dated 23.03.2020 passed by this Hon'ble Court in Suo Motu Writ Petition (C) NO. 3 of 2020 ;
and
ii. allow the present application by restoring the order dated 27.04.2021 passed by this Hon'ble Court in M.A. no. 665 of 2021 in Suo Motu Writ
Petition (C) NO. 3 of 2020; and
iii. pass such other order or orders as this Hon'ble Court may deem fit and proper.
Taking into consideration the arguments advanced by learned counsel and the impact of the surge of the virus on public health and adversities faced
by litigants in the prevailing conditions, we deem it appropriate to dispose of the M.A. No. 21 of 2022 with the following directions:
I. The order dated 23.03.2020 is restored and in continuation of the subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that
the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in
respect of all judicial or quasi-judicial proceedings.
II. Consequently, the balance period of limitation remaining as on 03.10.2021, if any, shall become available with effect from 01.03.2022.
III. In cases where the limitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance period
of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022. In the event the actual balance period of limitation
remaining, with effect from 01.03.2022 is greater than 90 days, that longer period shall apply.
IV. It is further clarified that the period from 15.03.2020 till 28.02.2022 shall 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 proceedingsâ€.
As prayed for by learned Senior Counsel, M.A. No. 29 of 2022 is dismissed as withdrawnâ€.
In view of the aforesaid observation of the Hon’ble Supreme Court, since the limitation period has been extended by the Hon’ble Supreme
Court, there is no need of issuing notice to other side.
In view of the above, the application for condonation of delay of 42 days in preferring the Appeal against the order dated 25.10.2021 vide below Exh-6
and 7 passed by the City Civil Court, Ahmedabad in Civil Suit No. 605/2021 is hereby condoned.
No order as to costs. The Civil Application stands disposed of.
The appeal to be registered accordingly.