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Kerala High Court Allows Physical Filing, KHCAA To Provide Physical Filing Assistance

LIVELAW NEWS NETWORK
18 May 2021 9:00 AM GMT
Kerala High Court Allows Physical Filing, KHCAA To Provide Physical Filing Assistance
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Pursuant to a decision by the High Court Administrative Committee yesterday, the High Court Registry has started accepting physical files.This decision was referred to during an exchange between Justice AK Jayasankaran Nambiar and lawyers during a VC sitting this morning where the matter of the new e-filing rules was discussed.To assist lawyers with physical filing during the lockdown, the...

Pursuant to a decision by the High Court Administrative Committee yesterday, the High Court Registry has started accepting physical files.

This decision was referred to during an exchange between Justice AK Jayasankaran Nambiar and lawyers during a VC sitting this morning where the matter of the new e-filing rules was discussed.

To assist lawyers with physical filing during the lockdown, the Kerala High Court Advocates' Association has provided following arrangements -

  • Opening the Association Office for welfare stamps.
  • Society outlet will be open for stationery requirements.
  • Clerks are available for filing, if required (Reji: 9447815562, Sudhir: 9447607180, Sunil:9995340820, Sivan 8086702632)
  • Stamp vendors are open (Manoj: 9846175294)
  • Provision of Printing facilities in the association library.
  • Photocopy facilities are also arranged (Pramod: 93490504500)

The Kerala High Court last week notified its Electronic Filing Rules For Courts (Kerala), 2021 (Rules) for Courts across the state.

The new rules prescribe e-filing for all cases in courts in Kerala. A person who is unable to access the e-filing portal is required to visit a 'designated counter', paying required fees. Files having a size greater than 10 MB will have to be filed at a designated counter.

The Rules provide that online electronic filing shall be done for the High Court at the High Court website or a portal assigned specifically for electronic filing by the Chief Justice. Online electronic filing shall be made either at the website of the Subordinate Courts or Tribunals or at the web portal created specifically for filing in the particular courts, it is stated. The Court is permitted to allow regular filing if all other methods fail.

The Kerala High Court Advocates' Association and prominent lawyers' organisations have expressed their reservations to the manner in which the Rules have been implemented. The Advocate General as well as the President of the Kerala High Court Advocates' Association met with the Kerala High Court Chief Justice on Monday to place before him concerns with respect to the e-filing Rules. The President iterated the Association's stance recommending filing through email for the present.

Over the weekend, the Association convened an extraordinary general body meeting to discuss the new e-filing rules. After the meeting on Saturday, the Association decided to protest the implementation of the e-filing rules. The General Body also resolved to abstain from all proceedings conducted by the High Court in connection with e-filing.

The Association again met on Sunday, deciding not to file any case under the E-filing system introduced under the Rules. It was also unanimously resolved that members would not associate in any manner with activities concerned with the implementation of the e-filing Rules notified.

On Monday, citing the absence of a favorable response from the High Court's Administrative Committee to the concerns raised by the Association, the Association decided to go ahead with the e-filing boycott.

At the same time, the meeting welcomed the move to allow physical filing. Every training program related to e - filing will be boycotted, it was resolved at the Extraordinary General Meeting held on Monday.


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