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2021 (1) TMI 261 - SCH - Indian LawsTime Limit for passing of Arbitral Award - Section 29A of the Arbitration and Conciliation Act, 1996 - lockdown in view of COVID-19 - HELD THAT:- In Suo Moto Writ Petition (C) No. 3/2020, by our order [2020 (5) TMI 418 - SC ORDER], we ordered that all periods of limitation prescribed under the Arbiration and Conciliation Act, 1996 shall be extended w.e.f. 15-3-2020 till further orders. - It is directed that the aforesaid orders shall also apply for extension of the time limit prescribed under section 23(4) of the said Act. Time Limit for for completing the process of compulsory pre-litigation, mediation and settlement - Pre-Institution Mediation and Settlement under section 12A of the Commercial Courts Act, 2015 - HELD THAT:- 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 - it is directed 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. Time limit for Service of all notices, summons and exchange of pleadings - HELD THAT:- 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 - It is considered 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, it is directed that in addition thereto, the party must also effect service of the same document/documents by e-mail, simultaneously on the same date. Period of validity of a cheque - Extension of validity of Negotiable Instruments Act, 1881 due to lockdown in view of COVID-19 - 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. It is not considered 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.
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