COVID Lockdown : Kerala High Court Extends Interim Orders Till June 15; Stays Enforcement Of Cheque Case Judgments

Taking note of the extension of the lockdown in the State of Kerala till June 9, the Kerala High Court has extended the life of interim orders till June 15.

A 3-judge bench comprising Chief Justice S Manikumar, Justices CT Ravikumar and Shaji P Chaly passed the order.

Earlier, on May 19, the Court had extended interim orders till May 31.  The Court had then passed an order that  no action be taken till 31.05.2021in the matter of all the proceedings before the High Court, as well as in lower courts/Tribunals.

Since the Kerala government further extended the lockdown till June 9, the High Court decided to extend the interim orders till June 9.

Also, the interim orders granted during the court vacation (from April 9 to May 17) and expiring in the interrgnum, are extended upto 15.06.2021, subject to the respondents or the concerned, moving the courts for vacating the interim orders, if so advised till 16.05.2021.

The Court also stayed the enforcement of judgments in cases under Section 138 of the Negotiable Instruments Act directing deposit of amount, wherever a revision or appeal could not be filed due to lockdown restrictions.

"Today, we have also taken note of the fact that in cases arising out of the proceedings under Section 138, there can be final judgments, directing payment of amounts, within a prescribed period, and for appearance of the parties. In line with the earlier order, we make it clear that, in those cases also,there would be an interim order not to enforce the final judgment, wherever a revision petition/appeal could not be filed due to the lock down restrictions.On the aspect of limitation, parties will get protection under the orders of theHon'ble Apex Court"

Click here to read/download the order