Extension of the limitation period for arbitration and section 138 matters

Aliff FazelbhoySenior Partner, ALMT Legal, Advocates & Solicitors

The Hon’ble Supreme Court on 6th May, 2020 passed the following orders in Suo Moto Writ (Civil) No. 3 of 2020:

• All periods of limitation prescribed under the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) and under section 138 of the Negotiable Instruments Act 1881 (“Negotiable Instruments Act”) shall be extended with effect from 15th March, 2020 till further orders to be passed by the Supreme Court.
 
• In case the limitation has expired after 15th March, 2020, then the period from 15th March, 2020 till the date on which the lockdown is lifted in that 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.
 
• The above order has been passed:
(a) taking into consideration the effect of the COVID 19;
(b) to obviate the resultant difficulties being faced by lawyers and litigants; and
(c) 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.
 
• The Supreme Court has earlier, in the same matter, passed an interim order dated 23rd March, 2020 extending the limitation period prescribed under the general law of Limitation or under Special Laws (both Central and / or State) with retrospective effect from 15th March, 2020 until further notice. Please click on the link below to view our linked in update in this regard:

 
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For further clarification and details on the above, you may write to Ms. Kruti Desai (Partner) at [email protected] and Mr. Mihir Mekal (Associate) at [email protected]