Calculation of limitation due to covid

Querist : Anonymous (Querist) 23 May 2024 This query is : Resolved
Sir,

My invoice is dated 05.08.2019 and limitation is expiry on 05.08.2022 for recovery suit
Can we file the recovery commercial suit now after excluding the Covid Period form 1st march 2020 to 28 February 2022 ) as only after Covid period we are withing 3 years to file the recovery suit
Hence my calculation of exemption of Limitation due to covid is correct or nor.
Please advise

With Regards
Uday Kumar

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Quick Summary

This discussion addresses whether the COVID-19 period can be excluded to extend the limitation period for filing a recovery suit. The Supreme Court has ruled to exclude the period from March 15, 2020, to October 2, 2021, and provided a 90-day grace period. However, this exclusion generally applies only to cases where the limitation period expired during the specified COVID dates. In this specific case, as the invoice predates the pandemic and the limitation did not expire during the excluded period, simply adding the COVID period might not be permissible for extending the filing deadline.

T. Kalaiselvan, Advocate (Expert) 23 May 2024
The covid has not began on 05.08.2019, hence it is doubtful whether your claim to condone delay to file money recovery suit at this belated especially for the reasons stated by you.
You can discuss with your advocate and proceed as suggested.

SIVARAMAPRASAD KAPPAGANTU (Expert) 24 May 2024
Final Order of Supreme Court(SC)
The Supreme Court passed a final order, stating that the period from March 15, 2020, to October 2, 2021, shall be excluded for computing the limitation period. Furthermore, it added a grace period of 90 days from October 3, 2021, for cases where the limitation period had expired during the COVID-19 extension period.

This exclusion and extension mean that any deadlines for filing appeals, suits, applications, or other legal proceedings were effectively put on hold during the specified period, preventing parties from being prejudiced due to the inability to file within the normal limitation period during the pandemic.

The Covid period cannot be added to calculate limitation to any and every transaction. The exemption as defined by SC is applicable to only such cases for which limitation ended during that period of Covid as stipulated by SC to enable such parties to initiate legal action within 90 days grace period given.

Your case may not fit here as you have ample time to initiate legal action subsequent to covid period. Moreover and importantly the limitation to your transaction didn't expire during the period SC exempted, ie. not to count for the purpose of limitation.

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