Limitation Period Under Arbitration Act & Negotiable Instruments Act Extended

On March 23, the Supreme Court passed a general order following the implementation of the lockdown. The Court, through this order, extended limitation periods with effect from March 15, 2020. In doing so, it invoked its powers under Article 142 of the Constitution of India. Subsequently, several advocates filed an application before the apex court. It sought for extension of the limitation period under section 29A of the Arbitration Act; and section 138 of the Negotiable Instruments Act.

Section 29A of the Arbitration Act deals with the statutory period within which an arbitral award must pass. Meanwhile, section 138 of the Negotiable Instruments provides a 30 days limitation period for service of legal / demand notice. Senior Advocate Dushyant Dave made some notable submissions as the amicus curiae. He submitted that the March 23 order should extend to all “statutory proceedings”. A bench comprising of CJI S.A. Bobde, Justice Deepak Gupta and Justice Hrishikesh Roy decided upon the matter.

The Bench took note of the March 23 order. Thus, it ordered for extension of all limitation periods under the concerned legislations with effect from 15.03.2020. Further stating, “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 lifting the lockdown.” The Court also directed Attorney General K.K. Venugopal to file a response to all applications pertaining to the similar issue of laws requiring extended limitation periods.

CONTINUE READING

The case of Aruna Shanbaug that changed the Euthanasia laws...

0
It is my Belief that death is a friend to whom we should be grateful, for it frees us from the manifold ills which are our lot - Mahatma Gandhi. As human beings, out the umpteen desires that we have, one of them is definitely to have a peaceful death....

Justice D Y Chandrachud’s path-breaking Verdict in the Sabarimala Case of...

0
“Will the quest for equality and fraternity be denuded of its content where women continue to be treated as children of a lesser god in exercising their liberties in matters of belief, faith and worship? Will the pursuit of individual dignity be capable of being achieved if we deny...

After repealing section 377, its time to Legalise Same-Sex Marriage in...

0
A draconian, archaic law that criminalized homosexuality was struck down in a historic judgment given by the Supreme Court in 2018. Two years after the judgment, the LGBTQ (lesbian, gay, bisexual, transgender, and queer) community has now sought legal recognition of their relationships. As the social stigmas surrounding the LGBTQ...

Modern Day Book Burning a.k.a Internet Shutdowns

0
The internet has become an indispensable element in our society for all the obvious reasons. For the majority of users, not a single day goes by where we don't 'need' the internet and the lack of a reliable and fast connection can feel paralyzing. An internet shutdown refers to...

Letter to UNHRC – Dr Kafeel Khan, Punished Because He’s Muslim

0
Kafeel Khan, a doctor by profession and a social activist has been targeted by Yogi Government since 2017, in 3 years he had been maliciously arrested 3 times & imprisoned for around 14 months on the false charges set up against him at many instances. Now he is absolved...

Prison Life In India and its Aftermath

0
Everyone prays to never see the bars of prison in their lifetime. Yet, as fickle as life is, it is quite hard to predict the future. It is in everyone’s benefit to know a little bit about prison life; for movies and cinemas do not do justice to the...