[COVID-19] Calcutta High Court extends life of interim orders passed by all courts/ tribunals in West Bengal, Andaman till Feb 28

The Calcutta High Court has extended the life of all interim orders passed by all courts and tribunals falling under the supervisory jurisdiction of the High Court till February 28, 2022 in view of the COVID-19 situation.

. A five-judge Bench of the High Court took note of the order passed by the Supreme Court last week relaxing the limitation period to file cases under all general and special laws across the country till February 28, 2022 in view of the spike in COVID-19 cases.

In view of the same, the High Court restored a suo motu writ petition initially heard amid the first wave of the pandemic.

The Bench which comprised of Chief Justice Prakash Shrivastava and Justices TS Sivagnanam , IP Mukerji, Harish Tandon and Tapabrata Chakraborty proceeded to pass the following directions:

" I. T he order dated 24th of March, 2020 as modified and continued by the subsequent orders is restored with the condition that interim orders in matters which are subsisting as on today i.e. 17th of January, 2022 and are due to expire on or before 28th of February, 2022 will stand extended till 28th of February, 2022 or until further order of the Court, unless specifically dealt with by any judicial order to the contrary. All parties affected by the continuation of the interim orders will be at liberty to apply for vacating or variation of such orders. This order will also apply to orders pertaining to the Original Side of this Court.

II. Conditional orders of Courts allowing occupation of any premises subject to payment of rent or occupational charges will continue, notwithstanding the non-deposit of rent or occupational charges during the period 17th of January, 2022 till 28th of February, 2022. Similarly, rent or occupation charges not deposited in terms of the rent control legislations will not immediately make the tenant or occupant liable for eviction till 28th of February, 2022 or earlier orders of this Court.

III. All other conditional orders of Courts will continue to remain inoperation until 28th of February, 2022, notwithstanding the nonfulfilment of the conditions imposed. This will apply to nonfulfilment of the conditions for the period from 17th of January, 2022 till 28th of February, 2022 or earlier order of Court. "

. The fresh directions essentially extend the protections and relief given earlier by way of interim orders, including for conditional orders and those involving occupational/eviction matters.

Monday's order will apply to all interim orders passed by all courts and tribunals in the State of West Bengal and Andaman and Nicobar islands.

Since the onset of the coronavirus pandemic, the High Court has, through various orders from time to time passed directions extending the life of interim orders.

The first such order was passed on March 24, 2020. On April 23, the application of this order was extended until June 30, and then on June 24 till September 30. On August 7, the Court decided to extend the life of interim orders until November 30. In November, it was extended until February 28, 2021 and thereafter until March 31, 2021 , and finally till October 8 that year.

The August 7 order had provided for the following, apart from extending the life of interim court orders: (emphasis added)

All parties affected by the continuation of the interim orders will be at liberty to apply for vacating or variation of such orders . This will also apply to all orders passed, whether by this Court or any Subordinate Court or Tribunals, after 15th March, 2020.

Conditional orders of Courts allowing the occupation of any premises subject to payment of rent or occupational charges will continue, notwithstanding the non-deposit of the rent or occupation charges during the period March 15-November 30.

Rent or occupation charges not deposited in terms of the rent control legislation will not immediately make the tenant or occupant liable for eviction till November 30 or earlier orders of the Court.

All other conditional orders of Court will continue to remain in operation until further orders, notwithstanding the non-fulfilment of the conditions imposed . This will apply to the non-fulfilment of the conditions for the period beginning March 15 till November 30 or earlier orders of the Court.

This order will also apply to orders pertaining to the Original Side of the High Court.

. [Read Order]

[COVID-19] Calcutta High Court extends life of interim orders passed by all courts/ tribunals in West Bengal, Andaman till Feb 28

Abhimanyu Hazarika

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