In view of the spike in new cases of Covid-19, the Hon’ble Supreme Court of India has once again suspended limitation periods and timelines under all general and special laws. As per the Order dated January 10, 2022 passed by the Hon’ble Supreme Court of India in an application filed by the Supreme Court Advocates-on-Record Association, the period from March 15, 2020 to February 28, 2022 shall be 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. Consequently, all limitation periods would now start running from March 1, 2022 and in cases where the limitation period has expired between March 15, 2020 to February 28, 2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from March 1, 2022 i.e. up to May 29, 2022. In case the actual balance period remaining from March 1, 2022 is greater than 90 days then the longer period shall apply.
You would recall that the Hon’ble Supreme Court of India had passed similar orders at the outbreak of the first and second waves of Covid-19 pandemic in 2020 and 2021, respectively. By the Order dated September 23, 2021, the Hon’ble Court had however, withdrew the suspension of limitation period under first and second waves and the limitation period were made effective from October 3, 2021. With the outbreak of third wave in January, 2022, the Hon’ble Court has reconsidered its earlier decision and has resumed the suspension of limitation periods up to February 28, 2022.
A copy of the Order dated January 10, 2022 as passed by the Hon’ble Supreme Court can be found here for your reference.
The IP Office has also issued a public notice dated January 18, 2022 whereby it was informed that the period of the limitation shall be computed in accordance with the Supreme Court’s order dated January 10, 2022.
Do let us know if you have any questions on the aforesaid suspension of limitation periods and we will be happy to answer that.
Authors – Manisha Singh (Partner) & Aprajita Nigam (Managing Associate)