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2020 (5) TMI 417 - HC - Indian LawsExtension of Interim stay - extremely limited functioning of courts due to pandemic covid-19 situation and lockdown - HELD THAT - Since some of the restrictions imposed by the Government of India are still in operation, and taking note of the extraordinary circumstances, in continuation of this Court s order dated 25th March, 2020, we hereby order that in all matters pending before this Court and Courts subordinate to this Court, wherein the interim orders issued, as mentioned in our order dated 25th March, 2020, were subsisting as on 15.05.2020 and expired or will expire thereafter, the same shall stand automatically extended till 15.06.2020 or until further orders, except where any orders to the contrary have been passed by the Hon ble Supreme Court of India in any particular matter, during the intervening period. Registry is directed to list this matter on 15.06.2020 for further directions.
Issues:
Extension of interim orders due to COVID-19 lockdown restrictions. Analysis: The High Court, in response to the COVID-19 lockdown, passed an order extending the validity of interim orders in pending cases. Initially, on 25th March 2020, the Court had extended the interim orders till 15th May 2020. However, due to ongoing restrictions, the Court further extended the validity of these interim orders till 15th June 2020 or until further orders. This extension applied to all matters pending before the High Court and its subordinate courts where interim orders were subsisting as of specific dates and were set to expire. The order emphasized that parties facing extreme hardship due to the extension could seek appropriate relief as per the law. The Court's decision was based on the extraordinary circumstances arising from the COVID-19 pandemic and the subsequent lockdown measures. Recognizing the challenges faced by advocates and litigants in appearing for routine matters, the Court ensured that interim orders would continue to be effective to maintain the status quo until a specified date. The extension was automatic, except where the Supreme Court had passed contrary orders in specific cases during the intervening period. The order aimed to provide clarity and relief to parties affected by the lockdown restrictions and limited court functioning, ensuring continuity in legal proceedings during these exceptional times. The Court directed the immediate uploading of the order on the Court's website and dissemination to relevant authorities, including Standing Counsel, Bar Associations, and District Courts. Additionally, the matter was scheduled for further directions on 15th June 2020, indicating a proactive approach by the Court to monitor the situation and provide necessary guidance as the circumstances evolved. Overall, the judgment reflected a pragmatic and responsive approach by the High Court to address the legal implications of the COVID-19 lockdown on pending cases and interim orders, prioritizing fairness and access to justice amidst challenging conditions.
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