2020 (10) TMI 1317 - HC - GST

Seeking extension of different kinds of protections of the order dated 05.05.2020, which have been extended from time to time, till 31.08.2020 - HELD THAT - The protection granted by this Court vide order dated 05.05.2020 passed in this case in sub-paras (i) to (xii) of para-7 is extended up to 25th November, 2020 except to the extends with the modification specifically made - Put up this matter on 25th November, 2020. Prayer to allow the auction the vehicles, which were seized prior to imposition of the lock-down during COVID-19 pandemic situation - HELD THAT - This Court is inclined to relax/modify the clause-x of condition stipulated in the order passed by this Court earlier to the extent that the intervenor-petitioner shall issue fresh presale notice to the loanees about the auction of the vehicles from whom the vehicles were seized referred to in Annexure-1 (series) and in the event of their inability to take back the vehicles by repaying the loan dues, the intervenor-applicant shall proceed to put them to auction as per the law - application is disposed of. Prayer to allow to auction the vehicles, which were seized prior to imposition of the lock-down during COVID- 19 pandemic situation - HELD THAT - This Court is inclined to relax/modify the clause-x of condition stipulated in the order passed by this Court earlier to the extent that the intervenor-petitioner shall issue fresh pre-sale notice to the loanees about the auction of the vehicles from whom the vehicles were seized referred to in as I.A. No.11924 of 2020 and in the event of their inability to take back the vehicles by repaying the loan dues, the intervenorapplicant shall proceed to put them to auction as per the law - Application disposed off.

Summary

Issues:
Extension of legal protections due to COVID-19 pandemic.

Analysis:
The High Court of Orissa, considering the COVID-19 pandemic and the resulting lockdown, extended various legal protections to litigants and citizens. These protections were granted under Article 226 and 227 of the Constitution of India, as well as other relevant legal provisions. The Court extended the validity of interim orders, directions, and protections issued by itself or subordinate courts until 18th June 2020. This extension applied to a wide range of legal matters, including civil suits, criminal bail applications, and parole orders. The Court also directed that no evictions, demolitions, or auctions should take place during this period. Furthermore, the police were advised not to hastily arrest individuals in non-urgent cases. These directions aimed to alleviate the difficulties faced by litigants and citizens during the pandemic.

The initial order was subsequently extended multiple times, with the protections being prolonged until 15th October 2020. A petitioner sought further extension of these protections till 31st August 2020 due to the worsening situation of the pandemic in Odisha. The Court, considering the circumstances, extended the protections granted under the previous orders until 25th November 2020, with specific modifications.

Additionally, the Court addressed intervention applications related to the auction of vehicles seized prior to the lockdown. Two intervenors, Cholamandalam Investment and Finance Company Limited (CHOLA) and Sundaram Finance Limited, sought permission to auction such vehicles due to non-repayment of loan dues by customers. The Court relaxed the conditions imposed earlier and allowed the intervenors to issue fresh pre-sale notices to the loanees before proceeding with the auction as per the law. These applications were disposed of accordingly.

The Court emphasized that all directions issued were to be followed by Courts, Tribunals, and other authorities. Parties seeking relief under these directions were instructed to submit copies of the order for consideration. The Court's aim was to ensure that legal processes continued smoothly while protecting the rights and interests of all parties involved amidst the challenges posed by the pandemic.