Monday, 12 October 2020

Supreme Court of India, Suo Motu Writ Petition (Civil) No(s).3/2020 - Extension of Limitation for the Lockdown period.

 Supreme Court of India (2020.03.23) in Suo Motu Writ Petition (Civil) No(s).3/2020, ordered for extension of Limitation for the Lockdown period due to Covid19.

 

Excerpts of the Order; 

 

“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. 15th March 2020 till further order/s to be passed by this Court in present proceedings. 

 

We are exercising this power under Article 142 read with Article 141 of the Constitution of India and declare that this order is a binding order within the meaning of Article 141 on all Courts /Tribunals and authorities. 

 

This order may be brought to the notice of all High Courts for being communicated to all subordinate Courts/Tribunals within their respective jurisdiction”.


Disclaimer: The sole purpose of this blog is to create awareness on the subject and must not be used as a guide for taking or recommending any action or decision. A reader must do his own research and seek professional advice if he intends to take any action or decision in the matters covered in this blog.


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Blog;  Covid19 - Extension of Limitation & Exclusion of Lockdown period in CIRP/Liquidation process


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Disclaimer:

The sole purpose of this post is to create awareness on the "IBC - Case Law" and to provide synopsis of the concerned case law, must not be used as a guide for taking or recommending any action or decision. A reader must refer to the full citation of the order & do one's own research and seek professional advice if he intends to take any action or decision in the matters covered in this post.

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