Kerala HC Extends Till June 15 Interim Orders, Interim Bails, Orders U/S 138 Of The Negotiable Instruments Act

What is the case

• Interim Orders, Interim Bail, and Orders Under Section 138 of the Negotiable Instruments Act are extended until May 31 by the Kerala High Court.
• In light of the COVID lockdown in Kerala, the Kerala High Court has prolonged interim orders issued on May 19, 2021, till June 15, 2021, including orders relating to Section 138 of the Negotiable Instruments Act and interim bails.
• Following a Full Bench session on Tuesday, the Order was issued by Chief Justice S. Mani kumar, Justices C. T. Ravikumar, and Shaji P. Chaly. Previously, on May 19, 2021, the Court issued a detailed interim order directing that no coercive action be taken until May 31, 2021, in all processes before the Court as well as in lower Courts/Tribunals.

Details

• The interim order had expired, and the suo motu writ appeal had been scheduled for hearing on Tuesday, when the government issued an order extending the lockdown in Kerala from May 31, 2021, to June 9, 2021.
• Importantly, in the case of interim bails, which were ordered to be extended until May 31, 2021, or until the end of the government's lockdown period, whichever comes first, the Court took note of the Government Order extending the lockdown in Kerala until June 9, 2021, and, given the current pandemic situation, directed that such interim orders be extended until June 15, 2021.

Courts Observation

• The Court also ordered that wherever interim orders were issued on April 9, 2021, the orders in effect on that date, as well as interim orders issued during vacation and expiring during the interregnum, be extended until June 15, 2021, subject to the respondents or the parties concerned moving the courts to vacate the interim orders, if so advised, until May 16, 2021.
• Finally, the Court noted that final judgments could be issued in instances resulting from Section 138 proceedings, directing payment of amounts within a certain time frame and requiring the parties to attend.
• As a result, the Court clarified that an interim order not to enforce the final judgement would be issued in those circumstances as well, when a revision petition or appeal could not be filed due to the lockdown restrictions. Parties will also benefit from the protection afforded by the Hon'ble Apex Court's orders on the subject of limitation.

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