Physical Filing of Cases
Physical Filing of Cases
News

Karnataka HC allows physical filing of new cases in District Courts "on a trial basis" from May 20-22 amid COVID-19 Lockdown

Apart from the physical filing of new cases, filing of caveat petitions, statement of objections, vakalathnama and interim applications in pending matters will be also permitted during the aforementioned days.

Rintu Mariam Biju

The Karnataka High Court has decided to allow the physical filing of new cases in Trial Courts across 15 Districts in the State on an experimental basis on May 20, 21 and 22 from 11:00 am to 1:00 pm, amid the ongoing Corona-virus Lockdown.

The 15 districts are, Bengaluru Urban, Bengaluru Rural, Bidar, Chikkamagaluru, Dharwad, D K Mangaluru, Kolar, KodaguMadikeri, Gadag, Haveri, Mandya, Mysuru, Tumkuru, Udupi and Yadgiri.

The notice issued in this regard informs that apart from the physical filing of new cases, filing of caveat petitions, statement of objections, vakalathnama and interim applications in pending matters will be also permitted during these days.

Advocates/ parties-in-person/ Advocates’ clerks who wish to file the matters on theses dates will have to apply for appointment of the date and time for physical filing by specifying the matters to be filed by them in the respective Districts.

The applications have to be made on e-mail ID, as may be notified in the official websites of the concerned District Courts. Subsequently, the date, time and counter number will be communicated to them on the same e-mail ID from which filing requests were received.

The notice further clarifies that Advocates/ Advocates' clerks shall be permitted entry to the Court precincts of the concerned District and Taluka Courts only if they produce a physical printed copy of the e-mail received fixing the date of appointment or a soft copy of the same.

Further, in the presentation form in duplicate, the Advocates/ parties-inperson/ Advocates’ clerks will be required to mention his/her e-mail address and cell phone number.

Once the filing is accepted, an acknowledgement will be issued on the office copy of presentation form filed in duplicate. Further details such as FR number and further steps to be taken for rectification of objection etc. will be commicated via e-mail or phone number, and also put up in the District Court website.

At a time Advocates/ parties-inperson/ Advocates’ clerks can file 5 matters.

The High Court notice also highlights that if there is an urgency for hearing, then a memo in that regard will have to be moved for fixing the date as per the procedure set out in the notification dated April 30.

This apart, the notice mentions certain other guidelines to be followed by Advocates while appearing for physical filing of cases:

  • The Advocates/ parties-in-person/ Advocates’ clerks entering the Court precincts will have to undergo compulsory medical screening and only those who are asymptomatic will be allowed entry.

  • The Advocates/ parties-in-person/ Advocates’ clerks are required to reach the Court precincts ten minutes prior to the scheduled time of appointment.

  • For approaching the filing counters, Advocates/ parties-inperson/ Advocates’ clerks will have to stand in queue in the specificied areas.

  • Social distancing shall be maintained while standing in the queue and no person will be allowed to enter in the Court precincts without wearing a mask.

  • The concerned persons will have to immediately leave the Court premises, and will not be allowed to enter the Court building.

  • A separate Counter will be provided in the same venue for serving the advance copy to the office of the Government Advocates/ Pleaders and Public Prosecutors/ Assistant Public Prosecutors.

On a conculding note, the circular states, "The aforesaid arrangement is made on the trial basis and the same is liable to be cancelled in the event it is found that the Advocates/parties-in-person/Advocates’ clerks are not following the safety norms of wearing masks and maintaining social distancing."

[Read circular here]

Physical Filing Notice- 15 Districts-16.05.2020.pdf
Preview
Bar and Bench - Indian Legal news
www.barandbench.com