# In Re: Cognizance For Extension Of Limitation
With Miscellaneous Application No.21 Of 2022
In Miscellaneous Application No. 665 Of 2021
In Suo Motu Writ Petition (C) No. 3 Of 2020

> SC judgment dated 2022-01-10. Citation: TCN-2022-SC-00077. The Supreme Court took Suo Motu cognizance of the difficulties faced by litigants in filing…

- **Court:** SC
- **Order date:** 10 Jan 2022
- **Citation:** TCN-2022-SC-00077
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/in-re-cognizance-for-extension-of-limitation-with-miscellaneous-application-no21-0093796f

## Summary

### Background

The Supreme Court took Suo Motu cognizance of the difficulties faced by litigants in filing petitions/applications/suits/appeals/quasi proceedings due to the COVID-19 pandemic. The court initially extended the period of limitation in all proceedings before Courts/Tribunals, effective from March 15, 2020. This extension was later brought to an end on March 8, 2021, permitting the relaxation of the limitation period between March 15, 2020, and March 14, 2021, with the limitation period resuming from March 15, 2021. Due to a second surge in COVID-19 cases, the Supreme Court Advocates on Record Association (SCAORA) intervened, seeking restoration of the order relaxing limitation. The court disposed of the Miscellaneous Application No. 665 of 2021, extending the period of

…

## Facts

In March 2020, the Supreme Court initiated Suo Motu proceedings to address the challenges faced by litigants in meeting statutory limitation periods due to the COVID-19 pandemic. An initial order extended limitation periods, but this was later lifted on March 8, 2021, with limitations resuming on March 15, 2021. A second wave of COVID-19 prompted the Supreme Court Advocates on Record Association (SCAORA) to intervene, leading to a further extension of limitation until October 2, 2021. The present application was filed by SCAORA due to the emergence of new COVID-19 variants and a surge in cases. The applicants sought restoration of previous orders extending limitation. The court considered the arguments of learned counsel and the impact of the pandemic on public health

…

## Issues and analysis

### Issue 1: Whether the period from 15.03.2020 till 28.02.2022 should be excluded for the purposes of …

**Ratio:** The ratio is based on the Supreme Court's inherent power to ensure access to justice and

…

**Reasoning:** The court reasoned that the ongoing pandemic and associated disruptions continued to

…

**Interpretation:** The interpretation involves a broad reading of the court's powers to address

…

**Application:** The ratio and reasoning were applied by directing that the period from March

…

## Parties

- **Judges:** N.V. RA…; L. NAGESWA…; +1 more
- **Advocates:** Shivaji M.…; Manoj K.…; +10 more

## Timeline

- **2020-03-01 — Suo Motu Cog…**: The Supreme Court took Suo Motu cognizance of difficulties faced by litigants due to the…
- **2020-03-23 — Initial Extension of…**: The Court directed extension of the period of limitation in all proceedings before…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12A — (1) Subject to sub](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12a)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/supreme-court-of-india/in-re-cognizance-for-extension-of-limitation-with-miscellaneous-application-no21-0093796f