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2020 (3) TMI 1186 - HC - Indian LawsExtension of expiry dates of interim order in the event of Lockdown in the event of Corona Virus outbreak - HELD THAT - Taking suo moto cognizance of the aforesaid extraordinary circumstances, under Article 226 227 of the Constitution of India, it is hereby ordered that in all matters pending before this court and courts subordinate to this court, wherein such interim orders issued were subsisting as on 16.03.2020 and expired or will expire thereafter, the same shall stand automatically extended till 15.05.2020 or until further orders, except where any orders to the contrary have been passed by the Hon ble Supreme Court of India in any particular matter, during the intervening period. This order be uploaded on the website of this Court and be conveyed to all the Standing Counsel, UOI, GNCTD, DDA, CIVIC AUTHORITIES, Delhi High Court Bar Association, all the other Bar Associations of Delhi, as well as to all District Courts subordinate to this court.
Issues:
Extension of interim orders due to COVID-19 lockdown. Analysis: The High Court of Delhi, in light of the COVID-19 pandemic and subsequent lockdown, restricted its functioning to urgent matters only. The lockdown enforced by the Government of India led to a situation where routine matters were adjourned en bloc to specific dates in April, causing advocates and litigants to be unable to appear in court. This resulted in interim orders favoring parties expiring or set to expire after 16.03.2020. To address this, the Court, under Article 226 & 227 of the Constitution of India, ordered the automatic extension of all interim orders issued before 16.03.2020 until 15.05.2020 or until further orders, unless the Supreme Court had passed contrary orders in specific cases during the period. Parties facing extreme hardship due to the extension were allowed to seek appropriate relief. The Court directed the publication of this order on its website and conveyed it to all relevant authorities and associations. This judgment primarily deals with the extension of interim orders in cases pending before the Delhi High Court and courts subordinate to it, which were issued before 16.03.2020 and were set to expire after that date due to the COVID-19 lockdown. The Court recognized the exceptional circumstances arising from the lockdown, which prevented the normal functioning of courts and the appearance of advocates and litigants. To ensure continuity and fairness in legal proceedings during this period, the Court decided to automatically extend such interim orders until 15.05.2020, unless the Supreme Court had issued different orders in specific matters during the intervening period. This decision aimed to provide relief to parties affected by the lockdown restrictions and the inability to attend court proceedings. The judgment highlights the Court's exercise of its jurisdiction under Article 226 & 227 of the Constitution of India to address the challenges posed by the COVID-19 lockdown on the legal system. By taking suo moto cognizance of the extraordinary circumstances, the Court ensured that the extension of interim orders was a proactive measure to mitigate the impact of the lockdown on pending cases. The provision allowing parties to seek appropriate relief in cases of extreme hardship demonstrated the Court's commitment to balancing the need for continuity in legal proceedings with the recognition of individual circumstances affected by the lockdown. The directive to publish the order on the Court's website and notify relevant stakeholders underscored the importance of transparency and dissemination of information during this period of restricted functioning.
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