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The Hindu
The Hindu
National
Legal Correspondent

SC extends period of limitation for cheque bounce cases

The Supreme Court on Wednesday extended the period of limitation for cheque bounce cases and arbitration proceedings amid the COVID-19 pandemic and lockdown.

A Bench led by Chief Justice S.A. Bobde issued notice to the government through the Attorney-General to find if there were other laws which require extension of limitation period.

On March 23, the court had used its extraordinary powers under Article 142 to lift the limitation period for all cases across tribunals and courts until further notice to obviate difficulties and ensure that lawyers/litigants do not have to come physically to file proceedings.

The “period of limitation” is the maximum time set by a statute beyond which the alleged violator faces legal action.

“In view of this court’s earlier order on March 23 and taking into consideration the effect of the 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 March 15 , 2020 till further orders,” the Supreme Court order read.

In case the limitation has expired after March 15, then it would be extended for 15 days post the lifting of the lockdown.

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