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The Supreme Court of India via its order dated September 23, 2021, has withdrawn its suo moto extension of limitation period with effect from October 2, 2021. While the court recalled its suo moto order of April 27, 2021 wherein an extension was provided in the woke of second wave of Covid’19 pandemic, the Court held that “In spite of all the uncertainties about another wave of the deadly Covid-19 virus, it is imminent that the order dates 08.03.2021 is restored as the situation is normal”.

The court has issued the following direction with respect to the limitation period:

  • The computation of limitation period shall exclude the period from 15.03.2020 till 02.10.2021. Further, any remaining balance of limitation as on 15.03.2021, shall become available from 03.10.2021. 
  • The cases wherein the limitations period would have expired during the period between 15.03.2020 till 02.10.2021, all persons shall have limitation period of 90 days starting from 03.10.2021 (notwithstanding the actual balance period remaining); and in cases wherein the actual limitation period is greater than the 90 days, then that longer period shall apply.
  • In matters wherein the computation of a limitation period is prescribed under sections 23(4) and 29A of the Commercial Courts Act, 2015 and provisos (b) and (c) of section 138 of Negotiable Instruments Act, 1881 and any other law   prescribing the period(s) of limitation for instituting proceedings, outer limits, termination etc., the period from 15.03.2020 till 02.10.2021 shall be excluded. 

Jahnvi Yadav is an Associate at Y. J. Trivedi and Co. She holds a Bachelors's degree in law from the Institute of Law, Nirma University. She works in the Opposition department of the firm and handles the Trademark Opposition, Trademark Rectification and Patent Opposition matters. Additionally, she also drafts Agreements of varied nature.

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