COVID-19 lockdown extensions for arbitration deadlines, commercial mediation, and electronic service; cheque validity remained unchanged.

During the COVID-19 lockdown, time-bound acts under arbitration and commercial procedure were treated as extendable: the period under section 29A and the time for completion of pleadings under section 23(4) of the Arbitration and Conciliation Act, 1996 were extended in line with earlier limitation orders, and compulsory pre-institution mediation under section 12A of the Commercial Courts Act, 2015 was extended until the end of the lockdown plus 45 days. Electronic service of notices, summons, pleadings and documents by e-mail and commonly used messaging services was permitted, with same-day e-mail service required where messaging was used. The prescribed validity period of cheques was not interfered with.

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Issues: (i) Whether the time limit under section 29A and the time prescribed under section 23(4) of the Arbitration and Conciliation Act, 1996 stood extended during the COVID-19 lockdown; (ii) Whether the time prescribed for compulsory pre-institution mediation and settlement under section 12A of the Commercial Courts Act, 2015 was liable to be extended; (iii) Whether service of notices, summons, pleadings and documents could be permitted through electronic modes during the lockdown; (iv) Whether the period of validity of cheques could be extended by judicial direction.

Issue (i): Whether the time limit under section 29A and the time prescribed under section 23(4) of the Arbitration and Conciliation Act, 1996 stood extended during the COVID-19 lockdown.

Analysis: Section 29A fixes the time for making an arbitral award, while section 23(4) prescribes the time for completion of the statement of claim and defence. The earlier orders extending periods of limitation under the Arbitration and Conciliation Act, 1996 were directed to operate during the lockdown, and the same protection was extended to these time-bound acts as well.

Conclusion: The time limits under section 29A and section 23(4) stood extended in terms of the earlier orders.

Issue (ii): Whether the time prescribed for compulsory pre-institution mediation and settlement under section 12A of the Commercial Courts Act, 2015 was liable to be extended.

Analysis: The statutory timeline for completing compulsory pre-litigation mediation and settlement was treated as susceptible to extension because the lockdown prevented ordinary compliance. The extension was linked to the date on which the lockdown would be lifted, with an additional 45 days thereafter.

Conclusion: The period under section 12A was extended up to the end of the lockdown period plus 45 days.

Issue (iii): Whether service of notices, summons, pleadings and documents could be permitted through electronic modes during the lockdown.

Analysis: Because physical service was impeded during lockdown, service by e-mail and commonly used instant messaging services was permitted as a practical measure. Where instant messaging was used, simultaneous service by e-mail on the same date was also required.

Conclusion: Electronic service was permitted in the manner directed.

Issue (iv): Whether the period of validity of cheques could be extended by judicial direction.

Analysis: The validity period of a cheque was treated as a period prescribed by the Reserve Bank of India under section 35-A of the Banking Regulation Act, 1949, not as a statutory limitation period. The Court declined to interfere with that prescribed period.

Conclusion: The request to extend cheque validity was rejected.

Final Conclusion: The order granted relief for limitation and time-bound procedural compliance affected by the lockdown, permitted alternative modes of service, and declined to interfere with the cheque validity period fixed by the Reserve Bank of India.

Ratio Decidendi: Where lockdown conditions prevent compliance with statutory or court-prescribed time-bound acts, the Court may extend the operative time limits, but it will not interfere with an administrative period fixed by the Reserve Bank of India under its statutory authority.

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