In Re Cognizance For Extension Of Limitation (II) (Supreme Court)

COURT:
CORAM: , ,
SECTION(S):
GENRE:
CATCH WORDS: ,
COUNSEL: ,
DATE: May 6, 2020 (Date of pronouncement)
DATE: May 9, 2020 (Date of publication)
AY: -
FILE: Click here to download the file in pdf format
CITATION:
Extension of limitation period: Taking into consideration the effect of the Corona Virus (COVID 19) and resultant difficulties being faced by lawyers and litigants and with a view to obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunal across the country including this Court, it is hereby ordered that all periods of limitation prescribed under the Arbitration and Conciliation Act, 1996 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

ITEM NO.6 Virtual Court 1 SECTION PIL-W

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

SUO MOTO WRIT (CIVIL) NO. 3 of 2020

IN RE : COGNIZANCE FOR EXTENSION OF LIMITATION

WITH
IA No.48411/2020 – APPROPRIATE ORDERS/DIRECTIONS
IA No.48375/2020 – CLARIFICATION/DIRECTION
IA No.48511/2020 – CLARIFICATION/DIRECTION
IA No.48461/2020 – CLARIFICATION/DIRECTION
IA No.48374/2020 – INTERVENTION APPLICATION
IA No.48416/2020 – INTERVENTION APPLICATION
IA No.48408/2020 – INTERVENTION APPLICATION
I.A NO.……… OF 2020 – FILED BY MR. NARAYAN VASUDEO MARATHE,
APPLICANT-IN-PERSON

Date : 06-05-2020 This matter(s) was called on for hearing today.

CORAM :
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE DEEPAK GUPTA
HON’BLE MR. JUSTICE HRISHIKESH ROY

By Courts Motion

Counsel for the parties

Mr. K.K. Venugopal, Ld. AG
Mr. Tushar Mehta, Ld. SG
Mr. B.V. Balram Das, AOR

Mr. Dushyant Dave, Sr. Adv.
Mr. Sameer Pandit, Adv.
Mr. Nikhil Ranjan, Adv.
Mr. Utkarsh Kulvi, Adv.
Mr. Pranaya Goyal, AOR

Ms. Meenakshi Arora, Sr. Adv.
Mr. Ankur Mahindro, Adv.
Ms. Anannya Ghosh, AOR
Signature Not Verified
Mr. Arjun Garg, AOR
Digitally signed by
CHARANJEET KAUR
Date: 2020.05.06
15:19:02 IST
Reason: Mr. Divyakant Lahoti, AOR
Mr. Parikshit Ahuja, Adv.
Ms. Praveena Bisht, Adv.
Mr. Kartik Lahoti, Adv.
Ms. Madhur Jhavar, Adv.
2

Ms. Vindya Mehra, Adv.

Mr. Mayank Kshirsagar, AOR
Mr. Sahil Mongia, Adv.

Mr. Aniruddha P. Mayee, AOR

Mr. Narayan Marathe, Applicant-in-Person

UPON hearing the counsel the Court made the following
O R D E R
IA No.48411/2020 – FOR DIRECTIONS By way of filing this application for directions, the applicant has made the following prayer :

“To issue appropriate directions qua (i) arbitration proceedings in relation to section 29A of the Arbitration and Conciliation Act, 1996 and (ii) initiation of proceedings under section 138 of the Negotiable Instruments Act, 1881;”

In view of this Court’s earlier order dated 23.03.2020 passed in Suo Motu Writ Petition (Civil) No.3/2020 and taking into consideration the effect of the Corona Virus (COVID 19) and resultant difficulties being faced by the lawyers and litigants and with a view to obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunal across the country including this Court, it is hereby ordered that all periods of limitation prescribed under the Arbitration and Conciliation Act, 1996 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.

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.

In view of the above, the instant interlocutory application is disposed of.

IA No.48375/2020 – CLARIFICATION/DIRECTION AND IA No.48511/2020 – CLARIFICATION/DIRECTION AND IA No.48461/2020 – CLARIFICATION/DIRECTION AND IA No.48374/2020 – INTERVENTION APPLICATION AND IA No.48416/2020 – INTERVENTION APPLICATION AND IA No.48408/2020 – INTERVENTION APPLICATION Issue notice.

Waive service on behalf of the respondent – Union of India since Mr. K. K. Venugopal, learned Attorney General for India and Mr. Tushar Mehta, learned Solicitor General, appear on its behalf. Let notice be issued to other respondents. (CHARANJEET KAUR) (SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) AR-CUM-PS AR-CUM-PS ASSISTANT REGISTRAR

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