Tuesday, 14 July 2020

Supreme Court: Service of Summons may be effected by e-mail, FAX, instant messaging services, such as WhatsApp, Telegram, etc


I.A. No. 48461/2020- 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. We, therefore,
consider it 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, we direct that in
addition thereto, the party must also effect service
of the same document/documents by e-mail,
simultaneously on the same date.

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 PETITION (C) NO. 3/2020
IN RE COGNIZANCE FOR EXTENSION OF LIMITATION 
VERSUS
Respondent(s)
IA No. 48672/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 48375/2020 - CLARIFICATION/DIRECTION
IA No. 48461/2020 - CLARIFICATION/DIRECTION
IA No. 48673/2020 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 48374/2020 - INTERVENTION APPLICATION
IA No. 48416/2020 - INTERVENTION APPLICATION
IA No. 48408/2020 - INTERVENTION APPLICATION
IA No. 48671/2020 - INTERVENTION/IMPLEADMENT)

Date : 10-07-2020 These applications were called on
for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE R. SUBHASH REDDY
HON'BLE MR. JUSTICE A.S. BOPANNA

UPON hearing the counsel the Court made the following
O R D E R

Parties have prayed to this Court for
extending the time where limitation is to expire
during the period when there is a lockdown in view of
COVID-19 or the time to perform a particular act is
to expire during the lockdown.
I.A. No. 49221/202 0 -Section 29A of the Arbitration
and Conciliation Act, 1996
Taken on Board.
In Suo Moto Writ Petition (C) No. 3/2020, by
our order dated 23.03.2020 and 06.05.2020, we
ordered that all periods of limitation prescribed
under the Arbiration and Conciliation Act, 1996
shall be extended w.e.f. 15.03.2020 till further
orders.
Learned Attorney General has sought a minor
modification in the aforesaid orders.
Section 29A of the Arbitration and
Conciliation Act, 1996 does not prescribe a period
of limitation but fixes a time to do certain acts,
i.e. making an arbitral award within a prescribed
time. We, accordingly, direct that the aforesaid
orders shall also apply for extension of time limit
for passing arbitral award under Section 29A of the
said Act. Similarly, Section 23(4) of the
Arbitration and Conciliation Act, 1996 provides for
a time period of 6 months for the completion of the
statement of claim and defence. We, accordingly,
direct that the aforesaid orders shall also apply
for extension of the time limit prescribed under
Section 23(4) of the said Act.
The application is disposed of accordingly.
Pre-Institution Mediation and Settlement under
Section 12A of the Commercial Courts Act, 2015.
Under Section 12A of the Commercial Courts
Act, 2015, time is prescribed for completing the
process of compulsory pre-litigation, mediation and
settlement. The said time is also liable to be

extended. We, accordingly, direct that the said
time shall stand extended from the time when the
lockdown is lifted plus 45 days thereafter. That is
to say that if the above period, i.e. the period of
lockdown plus 45 days has expired, no further period
shall be liable to be excluded.
I.A. No. 48461/2020- 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. We, therefore,
consider it 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, we direct that in
addition thereto, the party must also effect service
of the same document/documents by e-mail,
simultaneously on the same date.

Extension of validity of Negotiable Instruments
Act, 1881-I.A. Nos. 48461 and 48672/2020 (IA. No.
48671/2020, 48673/2020)
I.A. No. 48671/2020 for impleadment is
allowed.
With reference to the prayer, that the period
of validity of a cheque be extended, we find 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. We do not consider it
appropriate to interfere with the period prescribed
by the Reserve Bank of India, particularly, since
the entire banking system functions on the basis of
the period so prescribed.
The Reserve Bank of India may in its
discretion, alter such period as it thinks fit.
Ordered accordingly.
The instant applications are disposed of
accordingly.
I.A. Nos. 48374/2020 and 48375/2020
List after six weeks.

Print Page

No comments:

Post a comment