COVID Directions for Handling Matters

Request Letter Send by the Senior Advocates

The Hon’ble High court at Mumbai received a letter sent by the five Senior Advocates namely Mr.Janak Dwarkadas, Ms.Rajani Iyer, Mr.Anil Anturkar, Mr.Mihir Desai and Ms.Gayatri Singh requesting as under:

1. That the modalities of affirming Petitions are modified to dispense with the personal presence of the Petitioner to sign and affirm the  Petition particularly in Public Interest Litigation on appropriate undertakings.
2. That the modalities of Filing Petitions are modified to allow for e-flings.
3. The hearing of the Petitions is undertaken regularly, through video conferencing for the safety and protection of all associated with the exercise.
4. That the grievances of poor and marginalised are given priority and with sensitivity for effective redressal.

No Objections being raised on Direct Filing

The Registry informs the court that matters are being entertained even if presented directly in court without an affidavit or court fee. No procedural issues/objections are being raised. The facility of e-fling is already available and hearing through video conferencing can also be availed, as that arrangement has already been made since last about one week.

Request for Urgent Matters

The urgent matters on request are being attended to and parties can make a request for urgent hearing through emails or other modes. Two courts are already notified for the hearing of such matters, the dates of sitting are also notified. The Registry also informs us that in extreme urgent matters, even at the eleventh hour, parties can move the court for an appropriate interim order.

The urgent matters on request are being attended to and parties can make a request for urgent hearing through emails or other modes. Two courts are already notified for the hearing of such matters, the dates of sitting are also notified. Registry also informs us that in extreme urgent matters, even at the eleventh hour, parties can move the court for an appropriate interim order.

As the lockdown is now declared till 14.04.2020, the normal working of this court at least till then is not possible. As the staff is not available, files cannot be made over to the court. As local transport is shut down, lawyers and litigants are finding it difficult to approach the court.

Order

In this situation, the Hon’ble Court found it appropriate to continue all interim orders which are operating till today and are not already continued by some other courts/authority including this court and the same shall remain in force till 30.04.2020, subject to liberty to parties to move for the vacation of interim orders only in extremely urgent cases. Thus, all interim orders passed by this High Court at Mumbai, Aurangabad, Nagpur and Panaji as also all courts/ Tribunal and authorities subordinate over which it has the power of superintendence expiring before 30.04.2020, shall continue to operate till then. It is clarified that such interim orders which are not granted for a limited duration and therefore, are to operate till further orders, shall remain unaffected by this order.