Supreme Court Allow sending Summons & Notices through Emails, what’s App & Fax

Supreme Court allows service of summons through Email, Fax, and Instant Messaging Apps; specifies when limitation periods will extend till
Regarding extending the limitation period for validity of cheques under Section 138 of the Negotiable Instruments Act, the Court refused to intervene in the domain of the RBI. While hearing the suo motu case on extending limitation of statutes due to the COVID-19 induced lockdown, the Supreme Court today allowed for summons and notices to be served through email, fax and instant messaging applications. The Bench of Chief Justice of India SA Bobde and Justices R Subhash Reddy and AS Bopanna passed the order after hearing submissions by Attorney General KK Venugopal. The AG stated that the government was “not comfortable” with service of summons and notices through WhatsApp because it was “a completely encrypted platform”. However, allaying his concerns, CJI Bobde noted that the “blue tick” feature of the messaging application could prove whether message was delivered or not. “If the two blue ticks are there then it can be proved under Evidence Act, but if the person has turned it off, then it cannot be proven. So WhatsApp can be used (for summons).”..CJI Bobde. The Bench thus ordered that notices and summons, which are an “integral part of court proceedings”, can be served through email, fax and instant messaging application. When Attorney General Venugopal urged the Bench to use the phrase “namely WhatsApp” to specify the messaging apps in its order, the Bench refused, stating it would not commit the mistake that was done when a company name like ‘Xerox’ replaced the word “photo copying”.

After the Attorney General sought a minor modification in Section 29A of the Arbitration and Conciliation Act with regard to limitation, the Apex Court has now ordered that “arbitral proceedings need to be completed within 12 months.” Further, the Court said that the limitation fixed for pre-mediation settlement under Section 12A of the Commercial Courts Act would be extended to the date of lifting of lockdown plus 45 days. The Court stated, “We state that this period will be extended till the lockdown is lifted plus 45 days. After the period has expired, no further extension will be granted.”.. CJI Bobde. While making submissions in the matter, Senior Advocate Shyam Divan stated that Debts Recovery Tribunal (DRT) filings has also been impacted, as the term “lifting of lockdown” was vague. He said, “There is a problem with the usage of expression like “lifting of lockdown”. There are areas which are containment zones and hence DRT filing is impacted. At times, there is no lockdown and you can file, but the area where you need to go might be a containment zone for DRT filing. This can be taken up after 45 days.” CJI Bobde noted that it was a valuable suggestion and that the Court would define the phrase “lifting of lockdown” during the next hearing. Regarding extending the limitation period for validity of cheques under Section 138 of the Negotiable Instruments Act, the Court refused to intervene in the domain of the Reserve Bank of India (RBI). The Court thus stated,”Under Section 35A of the Banking Regulation Act, we don’t consider appropriate to interfere in the deadline prescribed by RBI. If RBI considers to extend, then they can do it.”..CJI Bobde. Senior Advocate V Giri, representing RBI, stated that it had decided not to extend the limitation period under the provision as of now. On March 23, a three-judge Bench of CJI Bobde and Justices L Nageswara Rao and Surya Kant invoked its power under Article 142 read with Article 141 of the Constitution of India and extended limitation period of appeals from high courts or tribunals on account of the COVID-19 pandemic.

Note: Contents of this post, have not personally written be by me. These have been taken from web, whats app messages etc.