A five-judge Bench of the High Court took note of 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 spike in COVID-19 cases.
In view of the same, the High Court restored a suo motu writ petition initially heard amid the first wave of the pandemic.
The Bench which comprised of Chief Justice Prakash Shrivastava and Justices TS Sivagnanam, IP Mukerji, Harish Tandon and Tapabrata Chakraborty proceeded to pass 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.“