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COVID-19: Consider granting 90 more days limitation period to litigants for filing appeals: SC told

The apex court had on March 23 last year invoked its plenary power under Article 142 of the Constitution to extend the limitation period of appeals from courts or tribunals on account of the pandemic.

Published: 05th March 2021 09:07 AM  |   Last Updated: 05th March 2021 09:07 AM   |  A+A-

Supreme Court

Supreme Court (Photo| Shekhar Yadav, EPS)

By PTI

NEW DELHI: Attorney General K K Venugopal on Thursday urged the Supreme Court that litigants be given 90 more days as the limitation period for filing appeals as the earlier order on the issue which was passed due to the COVID-19 pandemic situation has been lifted.

The apex court had on March 23 last year invoked its plenary power under Article 142 of the Constitution to extend the limitation period of appeals from courts or tribunals on account of the pandemic.

A bench comprising Chief Justice S A Bobde and Justices L Nageswara Rao and S Ravindra Bhat took note of the submission of the top law officer and reserved its order on the suo motu case.

Venugopal suggested in computing the period of limitation, period from March 15, 2020 to March 14, should be excluded.

"The balance period of limitation remaining as on March 15, 2020 shall be available with effect from March 15, 2021. All person shall have an extra period of 90 days with effect from March 15, 2021. If the balance period available is greater than 90 days, the greater period will be available for limitation with effect from March 15, 2021," the law officer said in his note.

Solicitor General Tushar Mehta urged that the apex court's proposed order be also made applicable to property attachment proceedings under the Prevention of Money Laundering Act.

On Wednesday, the top court had indicated that it proposes to lift the extension of limitation period with effect from March 15 this year and it might give a period of 90 days thereafter for the eventuality if restrictions may be re-imposed due to the pandemic.

In its March 23 last year order, the apex court had said, "This court has taken suo motu cognizance of the situation arising out of the challenge faced by the country on account of COVID-19 virus and resultant difficulties that may be faced by litigants across the country in filing their petitions/applications/suits/ appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under Special Laws (both Central and/or State)."

"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. March 15, 2020 till further order/s to be passed by this court in present proceedings," it had said.



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