1. Cognizance for extension of limitation by the Apex Court.
SUO MOTU WRIT PETITION (CIVIL) No(s).3/2020
The Hon'ble Supreme Court vide its order dated 23rd March 2020, took suo motu cognizance of the difficulties faced by the country on account of COVID- 19 pandemic by which the litigants are facing challenges in filing their petitions/applications/suits/ appeals/all other proceedings within the period of limitation. In exercise of its powers under Article 142 read with Article 141 of the Constitution, the apex court ordered that the period of limitation in all such proceedings shall stand extended with effect from 15th March 2020 till further orders, and declared that the order should be a binding order within the meaning of Article 141 on all Courts/Tribunals and authorities.
2. NCLAT on Exclusion of Time
The National Company Law Appellate Tribunal (NCLAT) vide order dated 30th March 2020 took suo motu cognizance of the unprecedented situation arising from the COVID-19 pandemic and the difficulties faced by various stakeholders to comply with the prescribed timelines for taking the 'Resolution Process' to its logical conclusion. Pursuant to its powers under rule 11 of the National Company Law Appellate Tribunal Rules, 2016 (NCLAT Rules 2016), the NCLAT, decided that the period of lockdown declared/ordered by the Central Government and the State Governments, including the period as may be extended either in whole or part of the country, where the registered office of the corporate debtor may be located, shall be excluded for counting of the period for Resolution Process under section 12 of the Code, in all cases where CIRP has been initiated and pending before any Bench of the NCLT or in appeal before NCLAT. It further ordered that any interim order/ stay order passed by the NCLAT in anyone or the other appeal under the Code shall continue until the next hearing.
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