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Supreme Court of India

SC Extends Limitation With Effect From March 15

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The supreme court has extended periods of limitations prescribed under the Arbitration & Conciliation Act, and under section 138 of the Negotiable Instruments Act, 1881 shall be extended with effect from 15.03.2020 till further orders to be passed by this Court in the present proceedings. The bench comprising CJI S A Bobde, Justice Deepak Gupta and Justice Hrishikesh Roy. has observed that in case the limitation has expired after 15.03.2020 then the period from 15.03.2020 till the date on which the lockdown is lifted in the jurisdictional area where the dispute lies or where the cause of action arises shall be extended for a period of 15 days after the lifting of lockdown.

Senior counsel Dushyant Dave submitted that the interim order dated March 23 should be extended to all statutory proceedings. The order was passed in an application seeking an extension of limitation under Section 29A of the Arbitration and Conciliation Act and Section 138 of the Negotiable Instruments Act.

Learned counsel Mayank Kushinagar appearing for the petitioner requested the court for the extension of the limitation period of 30 days. with reference to the service of demand notice.

The bench also directed Attorney General KK Venugopal to file a response to all applications pertaining to the issue of the ambit of laws in which extension of limitation of timeline prescribed is required to be extended.

On 23rd March the apex court has passed an order extending limitation with effect from March 15, invoking powers under Article 142 of the Constitution of India, with an object to reduce physical filing in various courts and tribunals across the countries owing to COVID-19 pandemic

The Bench observed that “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”.

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