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

The Kerala High Court has extended the interim orders granted on May 19, 2021, till June 15, 2021, including orders relating to Section 138 of the Negotiable Instruments Act, and interim bails, in view of the COVID lockdown in the State.

The Bench of Chief Justice S. Manikumar, Justices C. T. Ravikumar, and Shaji P. Chaly issued the Order pursuant to a Full Bench sitting on Tuesday.

Earlier, on May 19, 2021, the Court had passed a detailed interim order, in the matter of all the proceedings before the Court, as well as in lower courts/Tribunals, and issued directions that no coercive action be taken till May 31, 2021.

The said interim order expired and thus, the suo motu writ petition was listed on Tuesday as Government issued an order extending the lockdown in the State of Kerala from May 31, 2021 to June, 9, 2021.

Modification in the May 19th Order

Importantly, in the matter of interim bails, which was directed to be extended till May 31, 2021 or till the end of the lockdown period by the Government, whichever is earlier, the Court took note of the Government Order extending the lockdown in Kerala till June 9, 2021, and considering the present pandemic situation, the Court directed that such interim orders would be extended upto June 15, 2021. [INTERIM BAIL]

Further, the Court also ordered that wherever interim orders granted on April 9, 2021, the orders in force as on the said day, and the interim orders granted during vacation and expiring in the interregnum, be extended upto June 15, 2021, subject to the respondents or the concerned, moving the courts for vacating the interim orders, if so advised till 16.05.2021. [INERIM ORDERS]

Lastly, in cases arising out of the proceedings under Section 138, the Court observed that there could be final judgments, directing payment of amounts, within a prescribed period, and for the appearance of the parties.

Therefore, in line with the earlier order, the Court made 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 lockdown restrictions. Also, on the aspect of limitation, parties will get protection under the orders of the Hon'ble Apex Court.

Kerala High Court Extends Till May 31 Interim Orders, Interim Bails, Orders Under Section 138 of the Negotiable Instruments Act

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