In Re: Extention of Interim Orders (Bombay High Court)

COURT:
CORAM: , , ,
SECTION(S):
GENRE:
CATCH WORDS: , ,
COUNSEL:
DATE: March 26, 2020 (Date of pronouncement)
DATE: March 28, 2020 (Date of publication)
AY: -
FILE: Click here to download the file in pdf format
CITATION:
Corona Virus Lockdown Crisis: All interim orders operating till today and are not already continued by some other courts / authority including this court shall remain in force till 30.04.2020 subject to liberty to parties to move for vacation of interim orders only in extreme urgent cases. Thus, all interim orders passed by this High Court at Mumbai, Aurangabad, Nagpur and Panaji as also all courts/ Tribunal and authorities subordinate over which it has power of superintendence expiring before 30.04.2020, shall continue to operate till then. It is clarifed that such interim orders which are not granted for limited duration and therefore, are to operate till further orders, shall remain unaffected by this order (Similar orders are passed by the Delhi & Karnataka High Courts)

Note: Similar orders have been passed by the Delhi High Court and the Karnataka High Court

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
WRIT PETITION URGENT 2 OF 2020 (TO BE NUMBERED
SUBSEQUENTLY)
COURT ON ITS OWN MOTION
IN RE: Extention of Interim Orders
CORAM:
HON’BLE THE CHIEF JUSTICE
HON’BLE MR.JUSTICE A.A.SAYED,
HON’BLE MR.JUSTICE S.S.SHINDE
HON’BLE MR.JUSTICE K.K.TATED
P.C.
ORDER
26.03.2020
1 The Bench of four Judges of this court is constituted in
emergent situation considering the outbreak of COVID-19
and consequential lockdown.
2 Mr.Asif I. Patel, Addl. G.P., Mr.B.V.Samant, A.G.P. And
Mr.Shahajirao Shinde, A.P.P., are present. Efforts are on to
contact offce of the learned Additional Solicitor General.
3 Our attention has been invited to orders passed by the
High Court of Delhi on 25.03.2020 in W.P. URGENT2/2020,
Order of High Court of Kerala at Ernakulam in W.P. (C)
No.9400 of 2020 (Suo Motu) on same date and Order of
High Court of Karnataka at Bengaluru dated 24.03.2020 in
Writ Petition No.6435 of 2020.

4 This court has today received a letter sent by fve
Senior Advocates namely Mr.Janak Dwarkadas, Ms.Rajani
Iyer, Mr.Anil Anturkar, Mr.Mihir Desai and Ms.Gayatri
Singh requesting as under:
1. That the modalities of affrming Petitions
are modifed to dispense with the personal
presence of the Petitioner to sign and affrm the
Petition particularly in Public Interest Litigation
on appropriate undertakings.
2. That the modalities of Filing Petitions are
modifed to allow for e-flings.
3. The hearing of the Petitions be undertaken
regularly, through video conferencing for the
safety and protection of all associated with the
exercise.
4. That the grievances of poor and
marginalised are given priority and with
sensitivity for effective redressal.
5 The Registry informs us that matters are being
entertained even if presented directly in court without
affdavit or court fee. No procedural issues / objections are
being raised. Facility of e-fling is already available and
hearing through video conferencing can also be availed, as
that arrangement has already been made since last about
one week.
6 The urgent matters on request are being attended to
and parties can make request for urgent hearing through
emails or other modes. Two courts are already notifed for
hearing of such matters, the dates of sitting are also
notifed. Registry also inform us that in extreme urgent
matters, even at eleventh hour, parties can move court for
appropriate interim order.
7 As the lock down is now declared till 14.04.2020,
normal working of this court at least till then is not possible.
As the staff is not available, fles cannot be made over to
court. As local transport is shut down, lawyers and litigants
are fnding it diffcult to approach the court.
8 In this situation, we fnd it appropriate to continue all
interim orders which are operating till today and are not
already continued by some other courts / authority
including this court and the same shall remain in force till
30.04.2020, subject to liberty to parties to move for
vacation of interim orders only in extreme urgent cases.
Thus, all interim orders passed by this High Court at
Mumbai, Aurangabad, Nagpur and Panaji as also all courts/
Tribunal and authorities subordinate over which it has
power of superintendence expiring before 30.04.2020, shall
continue to operate till then. It is clarifed that such interim
orders which are not granted for limited duration and
therefore, are to operate till further orders, shall remain
unaffected by this order.

9 Orders or decree for eviction, dispossession,
demolition already passed by any court/Tribunal/Authority
shall also remain in abeyance till then.
10 Considering the prevalent shut down and other issues,
we hope that Government as also municipal authorities and
other agencies or instrumentalities shall also be slow in
taking any coercive steps so as to drive the citizen to court
of law in the meantime.
11 This order be published on the offcial website of this
court and its copy shall also be forwarded to all concerned.
HON’BLE THE CHIEF JUSTICE
HON’BLE MR.JUSTICE A.A.SAYED,
HON’BLE MR.JUSTICE S.S.SHINDE
HON’BLE MR.JUSTICE K.K.TATED

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