{"id":21766,"date":"2020-03-28T11:50:30","date_gmt":"2020-03-28T06:20:30","guid":{"rendered":"http:\/\/itatonline.org\/archives\/?p=21766"},"modified":"2020-03-28T11:50:30","modified_gmt":"2020-03-28T06:20:30","slug":"in-re-extention-of-interim-orders-bombay-high-court-corona-virus-lockdown-crisis-all-interim-orders-operating-till-today-and-are-not-already-continued-by-some-other-courts-authority-including-this","status":"publish","type":"post","link":"https:\/\/itatonline.org\/archives\/in-re-extention-of-interim-orders-bombay-high-court-corona-virus-lockdown-crisis-all-interim-orders-operating-till-today-and-are-not-already-continued-by-some-other-courts-authority-including-this\/","title":{"rendered":"In Re: Extention of Interim Orders (Bombay High Court)"},"content":{"rendered":"
Note<\/strong>: Similar orders have been passed by the Delhi High Court<\/strong><\/a><\/strong> and the Karnataka High Court<\/strong><\/a> <\/div>\n

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
\nWRIT PETITION URGENT 2 OF 2020 (TO BE NUMBERED
\nSUBSEQUENTLY)
\nCOURT ON ITS OWN MOTION
\nIN RE: Extention of Interim Orders
\nCORAM:
\nHON\u2019BLE THE CHIEF JUSTICE
\nHON\u2019BLE MR.JUSTICE A.A.SAYED,
\nHON\u2019BLE MR.JUSTICE S.S.SHINDE
\nHON\u2019BLE MR.JUSTICE K.K.TATED
\nP.C.
\nORDER
\n26.03.2020
\n1 The Bench of four Judges of this court is constituted in
\nemergent situation considering the outbreak of COVID-19
\nand consequential lockdown.
\n2 Mr.Asif I. Patel, Addl. G.P., Mr.B.V.Samant, A.G.P. And
\nMr.Shahajirao Shinde, A.P.P., are present. Efforts are on to
\ncontact offce of the learned Additional Solicitor General.
\n3 Our attention has been invited to orders passed by the
\nHigh Court of Delhi on 25.03.2020 in W.P. URGENT2\/2020,
\nOrder of High Court of Kerala at Ernakulam in W.P. (C)
\nNo.9400 of 2020 (Suo Motu) on same date and Order of
\nHigh Court of Karnataka at Bengaluru dated 24.03.2020 in
\nWrit Petition No.6435 of 2020.<\/p>\n

4 This court has today received a letter sent by fve
\nSenior Advocates namely Mr.Janak Dwarkadas, Ms.Rajani
\nIyer, Mr.Anil Anturkar, Mr.Mihir Desai and Ms.Gayatri
\nSingh requesting as under:
\n1. That the modalities of affrming Petitions
\nare modifed to dispense with the personal
\npresence of the Petitioner to sign and affrm the
\nPetition particularly in Public Interest Litigation
\non appropriate undertakings.
\n2. That the modalities of Filing Petitions are
\nmodifed to allow for e-flings.
\n3. The hearing of the Petitions be undertaken
\nregularly, through video conferencing for the
\nsafety and protection of all associated with the
\nexercise.
\n4. That the grievances of poor and
\nmarginalised are given priority and with
\nsensitivity for effective redressal.
\n5 The Registry informs us that matters are being
\nentertained even if presented directly in court without
\naffdavit or court fee. No procedural issues \/ objections are
\nbeing raised. Facility of e-fling is already available and
\nhearing through video conferencing can also be availed, as
\nthat arrangement has already been made since last about
\none week.
\n6 The urgent matters on request are being attended to
\nand parties can make request for urgent hearing through
\nemails or other modes. Two courts are already notifed for
\nhearing of such matters, the dates of sitting are also
\nnotifed. Registry also inform us that in extreme urgent
\nmatters, even at eleventh hour, parties can move court for
\nappropriate interim order.
\n7 As the lock down is now declared till 14.04.2020,
\nnormal working of this court at least till then is not possible.
\nAs the staff is not available, fles cannot be made over to
\ncourt. As local transport is shut down, lawyers and litigants
\nare fnding it diffcult to approach the court.
\n8 In this situation, we fnd it appropriate to continue all
\ninterim orders which are operating till today and are not
\nalready continued by some other courts \/ authority
\nincluding this court and the same shall remain in force till
\n30.04.2020, subject to liberty to parties to move for
\nvacation of interim orders only in extreme urgent cases.
\nThus, all interim orders passed by this High Court at
\nMumbai, Aurangabad, Nagpur and Panaji as also all courts\/
\nTribunal and authorities subordinate over which it has
\npower of superintendence expiring before 30.04.2020, shall
\ncontinue to operate till then. It is clarifed that such interim
\norders which are not granted for limited duration and
\ntherefore, are to operate till further orders, shall remain
\nunaffected by this order.<\/p>\n

9 Orders or decree for eviction, dispossession,
\ndemolition already passed by any court\/Tribunal\/Authority
\nshall also remain in abeyance till then.
\n10 Considering the prevalent shut down and other issues,
\nwe hope that Government as also municipal authorities and
\nother agencies or instrumentalities shall also be slow in
\ntaking any coercive steps so as to drive the citizen to court
\nof law in the meantime.
\n11 This order be published on the offcial website of this
\ncourt and its copy shall also be forwarded to all concerned.
\nHON\u2019BLE THE CHIEF JUSTICE
\nHON\u2019BLE MR.JUSTICE A.A.SAYED,
\nHON\u2019BLE MR.JUSTICE S.S.SHINDE
\nHON\u2019BLE MR.JUSTICE K.K.TATED<\/p>\n","protected":false},"excerpt":{"rendered":"

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<\/p>\n

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