Calcutta High Court extends life of interim orders until August 20, 2021 [Read Order]

An order to this effect was passed by a Full Bench of Acting Chief Justice Rajesh Bindal and Justices IP Mukerjee, Harish Tandon, Soumen Sen and Subrata Talukdar.
Calcutta High Court extends life of interim orders until August 20, 2021 [Read Order]
Calcutta High Court

The Calcutta High Court on Friday decided to extend the life of all interim orders passed by the High Court and courts subordinate to it, including the Tribunals within West Bengal and the Andaman and Nicobar Islands, until August 20, 2021, in view of the COVID-19 situation in West Bengal.

An order to this effect was passed by a Full Bench of Acting Chief Justice Rajesh Bindal and Justices IP Mukerjee, Harish Tandon, Soumen Sen and Subrata Talukdar.

"In view of the extension of restrictions relating to the Covid-19 pandemic by the Government of West Bengal, we extend the interim orders passed in this Writ Petition till August 20, 2021", stated the order.

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.

Pertinently, the August 7 order had provided for the following, apart from extending the life of interim court orders:

  • 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.

Last March, the Court had decided to dispose of the suo motu writ petition registered to decide on whether to extend interim orders amid the pandemic, opining that there was no need to extend such orders beyod March 31.

However, since COVID-19 restrictions have again been imposed in the State, the High Court has now revived these proceedings and extended the life of interim orders once again. The matter will be considered next on August 13.

[Read Order]

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