COVID-19: Calcutta High Court Extends All Interim Orders Passed By It & Courts Subordinate To It Till February 28
Restoring a suo moto case registered last year, the Calcutta High Court on Tuesday extended the life of all interim orders passed by the High Court and courts subordinate to it, including the Tribunals till February 28, 2022 in light of the Covid-19 situation in West Bengal.A five-judge Bench of the High Court placed reliance on the order passed by the Supreme Court last week relaxing...
Restoring a suo moto case registered last year, the Calcutta High Court on Tuesday extended the life of all interim orders passed by the High Court and courts subordinate to it, including the Tribunals till February 28, 2022 in light of the Covid-19 situation in West Bengal.
A five-judge Bench of the High Court placed reliance on 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 surge in COVID-19 cases.
The Bench comprising Chief Justice Prakash Shrivastava and Justices TS Sivagnanam, IP Mukerji, Harish Tandon and Tapabrata Chakraborty issued the following directions,
" i. The 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 order will be applicable to all interim orders passed by all courts and tribunals in the State of West Bengal and Andaman and Nicobar islands.
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 28 till July 20. On July 16, the Court decided to extend the life of interim orders until August 20..In November, it was extended until February 28, 2021 and thereafter until March 31, 2021, and finally till October 8 that year.
The matter is listed for further consideration by the Court on February 23.
Case Title: In Re: Matters pending with interim orders in the High Court at Calcutta and Courts subordinate to it including the Tribunals within the State of West Bengal and Union Territory of Andaman & Nicobar Islands during the prevailing COVID-19 situation related non-availability of access to Courts