In Re Cognizance for extension of limitation v .Ors ( 2020) 9 SCC 468; MANU/SC/ 0654/ 2020 (SC) www.itatonline.org

Constitution of India , 1949 . Art.141 :Covid -19 – Extension of limitation period due to Covid-19 Lock down- Service of all notices, summons and exchange of pleadings may be effected by e-mail, FAX, WhatsApp, Telegram, Signal etc in addition to service of the same document by e-mail simultaneously on the same date- The Reserve Bank of India may consider whether the validity period of a cheque under the Negotiable Instruments Act should be extended or not [ Arbitration and Conciliation Act, 1996 S.23(4),29A, Banking Regulation Act,1949, S.35A, Commercial Courts Act, 2015 ,S.12A Constitution of India, 1949 , Art 141 , Negotiable Instruments Act, 1881,S.46 Limitation Act 1908 , S.5 ]

On Suo Moto Writ petition in Re Cognizance for extension of limitation  the court observed that  service of all notices, summons and exchange of pleadings Service of notices, summons and exchange of pleadings/documents, is a requirement of virtually every legal proceeding. Service of notices, summons and pleadings etc. have not been possible during the period of lockdown because this involves visits to post offices, courier companies or physical delivery of notices, summons and pleadings.  Accordingly the Court held that  it is appropriate to direct that such services of all the above may be effected by e-mail, FAX, commonly used instant messaging services, such as WhatsApp, Telegram, Signal etc. However, if a party intends to effect service by means of said instant messaging services, the Court directed  that in addition thereto, the party must also effect service of the same document/documents by e-mail, simultaneously on the same date. Accordingly the extension of validity of Negotiable Instruments Act, 1881  for impleadment is allowed. As regards with reference to the prayer, that the period of validity of a cheque be extended, the court held that the said period has not been prescribed by any Statute but it is a period prescribed by the Reserve Bank of India under Section 35-A of the Banking Regulation Act,1949. Accordingly the Court directed the Reserve Bank of India may in its discretion, alter such period as it thinks fit.  (Suo Moto Writ petition (c) no. 3/2020 dt 10 -07 -2020 )