Suo Motu Writ Petition (Civil) No. 03 of 2020 (Under Article 32 of The Constitution of India)
Suo Motu Writ Petition (Civil) No. 03 of 2020 (Under Article 32 of The Constitution of India)
SECTION PIL (WRIT) MATTER FOR : 03.03.2021
COURT NO.:
ITEM NO.
Th. Supply List
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
SUO MOTU WRIT PETITION (CIVIL) NO. 03 OF 2020
(Under Article 32 of the Constitution of India)
WITH
I.A. NOS. 48408, 48574, 51078 , 50977,50985, 51082, 55276, 55277, 58910,
58914, 60198, 75244, 83660, 83666, 91204, 92996, 102748, 129509 OF 2020
(Applications for Intervention/impleadment, direction/clarification, permission to
file additional documents & exemption from filing attested affidavit)
IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION
OFFICE REPORT
The Suo Motu writ petition alongwith applications above mentioned except
I. A Nos 75244, 83660, 83666, 91204, 92996, 102748, 129509 OF 2020 was
listed before the Hon’ble Court on 10.07.2020 with office report dated 09.07.2020
when the Hon’ble Court was pleased to inter alia pass the following order:
I.A. No. 49221/2020 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.
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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 35A 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.”
It is submitted that I. A Nos. 75244 ,83660 & 83666 of 2020 have been
included in the paper books and all other applications are circulated for kind
perusal of the Hon’ble Court.
It is further submitted that Mr Apoorv Kurup, Advocate has on 24.12.2020
filed an affidavit on behalf of High Court of Chhattisgarh in compliance of order
dated 23.03.2020 and same is being circulated for kind perusal of the Hon’ble
Court.
It is lastly submitted that no further document has been filed.
The Suo Motu writ petition alongwith applications above mentioned is
listed before the Hon’ble Court with this office report.
Dated this the 2nd day of March, 2021
Sd/
ASSISTANT REGISTRAR