Telangana High Court Extends Operation Of All Interim Orders One Final Time

The Telangana High Court on Wednesday (25th November) extended the operation of interim orders passed by this Court, as well as by the District and other Subordinate Courts till Wednesday (11th December 2020). Taking suo-moto cognizance of the prevailing extraordinary circumstances, the Full bench of the Telangana High Court issued the said order dated 25th November to extend interim orders passed by the High Court till 11th December 2020. Earlier, the bench had extended its interim orders till 30th November. The full bench of Chief Justice Raghvendra Singh Chauhan, Justice M. S. Ramachandra Rao and Justice A. Rajasheker Reddy took this decision and said that it was extending its order dated 08-06-2020 till 11-12-2020. It may be noted that by order dated 08.06.2020, Telangana High Court had passed the following orders: "Considering the beginning of the spread of COVID-19, considering the Nationwide Lockdown announced by the Government of India for a period of twenty-one days, with the effect from 25.03.2020, by Order dated 27.03.2020, this Full Bench had extended the stay orders passed by this Court, as well as by the District and other Subordinate Courts, and had also barred the execution of any decree by the Executing Courts. Despite the lapse of two-and-a-half-month, the Nationwide Lockdown and the State Lockdown continues, although the Lockdown has been rolled back to a certain limited extent. But, nonetheless, the Courts have not started functioning at full throttle. Therefore, there is a dire need to extend the Order dated 27.03.2020, as the Order has already expired on 07.06.2020. It is brought 'to the notice of this Court that in many cases, the parties have given certain undertakings, but due to the Lockdown, the undertakings cannot be implemented by the party, despite its bona fide intent.ion. Meanwhile, the opposite parties are taking advantage of the party which is given the undertaking. It is also creating certain difficulties for the parties before the Courts. Therefore, this problem also needs to be addressed by this Court. Considering the present situation, and considering the fact that the Courts may not be in a position to work in the physical form totally till 15.07.2020, the Order dated 27.03.2020, is extended till 15.07.2020. This Order would also include the undertakings given before the Courts shall stand extended till 15.07.2020. This Order would not preclude con·sideration of Applications, in case the Applications are disposed of. This Order would not a bar to the disposal of the Applications. However, in case the Applications are disposed of, this Order shall cover the contingency. List this case on 14.07.2020." Importantly, the High Court has "made (it) abundantly clear that thereafter (after 11th December), the parties, wishing to seek the extension of their stay order, are required to approach the concerned Court. With these observations, this Writ Petition shall stand closed." It implies that there won't be any further extension of the interim orders and this is the last time, that the HC extended the life of the interim orders. Background It may be noted that the High Court in its 1st notification (Roc.No.394/SO/2020, dated 27.03.2020) had issued certain directions, one such direction was with regard to the interim orders of the High Court passed in Suo-motu W.P. No. Urgent 1/2020 namely automatic extension of interim orders till 07.06.2020 etc., and the same were extended from time to time till 30.11.2020. For the convenience of our readers, we are providing the link of the order dated 27-03-2020 (containing directions issued by the Telangana High Court to all the subordinate courts, Tribunals, Telangana State Legal Services Authorities, Mediation and Arbitration Centre, High Court Legal Services Committee and Telangana State Judicial Academy. Also, the link of the order dated 27-03-2020 (in the matter of Suo-motu W.P. No. Urgent 1/2020) regarding the extension of Interim Orders and Abeyance of Execution Orders is also being attached.Click here to download order[Read Order]

Telangana High Court Extends Operation Of All Interim Orders One Final Time

Sparsh Upadhyay

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