Allahabad HC Extends Interim Orders Passed By It & Courts Subordinate To It Till August 31 [Read Order]

Update: 2020-07-31 05:20 GMT
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The Allahabad High Court has extended all the interim orders passed by it and by the courts subordinate to it, that expired subsequent to March 19, till August 31, 2020. Further, orders of eviction, dispossession or demolition shall remain in abeyance and orders of regular/anticipatory have been extended till August 31. The order has been passed by a division bench comprised...

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The Allahabad High Court has extended all the interim orders passed by it and by the courts subordinate to it, that expired subsequent to March 19, till August 31, 2020.

Further, orders of eviction, dispossession or demolition shall remain in abeyance and orders of regular/anticipatory have been extended till August 31.

The order has been passed by a division bench comprised by Justice Pankaj Mithal and Justice Dr. Yogendra Kumar Srivastava, in a suo moto hearing to ensure that litigants do not suffer on account of the Covid induced lockdown.

The High Court had certain directions extending the term of the interim orders on account of lockdown due to COVID-19 pandemic vide order dated March 26, 2020. The said directions were extended from time to time and by an order dated 08.06.2020 directions were given afresh in the light of Nation-wide lockdown and subsequent relaxation provided thereto under the Unlock-I. The said directions were also time bound and were extended by the order dated 19th June, 2020 and 10th July, 2020 upto 31st July, 2020.

The latest order passed by the division bench in this regard states,

"Since the situation arising due to COVID-19 pandemic is still continuing and the working of the Courts and Tribunals stand widely disturbed, we consider it appropriate to extend the directions contained in the order dated 8th June, 2020 and 10th July, 2020 upto 31st August, 2020."

In effect:

  • All interim orders passed by the High Court of Judicature at Allahabad well as at Lucknow, all the District Courts, Civil Courts, Family Courts, Labour Courts, Industrial Tribunals and all other Tribunals in the State over which this Court has power of superintendence, which have been expired subsequent to 19th March, 2020 or are due to expire within a period of one month from today, will continue to operate upto August 31, 2020. We, however, make it clear that those interim orders which are not of a limited duration and are to operate till further orders will remain unaffected;
  • If a bail has been granted in anticipation as an interim measure for a specific period and that period is going to expire on or before 10th June, 2020, the same shall stand extended upto August 31, 2020.
  • If any under trial or juvenile in conflict has been enlarged on bail through a judicial order and the period for such enlargement is going to expire on or before 14th June, 2020, the same shall stand extended upto August 31, 2020.
  • If any orders of eviction, dispossession or demolition are already passed by the High Court, District or Civil Courts, the same shall remain in abeyance till August 31, 2020 or having any order by the court competent, whichever is earlier.

The situation will be reconsidered on 19th August, 2020. 

In related development, hearing at the High Court premises, both at Allahabad and at Lucknow shall be conducted till lunch hours only on July 31, 2020, to enable sanitization. Further, on August 4 and August 10, only urgent matters mentioned before the Chief Justice and the Senior Judge at Lucknow respectively, shall be taken and no other Court shall sit on the aforesaid dates. There shall be no physical/ e-filing on July 31, August 4 and August 10.

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