Calcutta HC extends life of all interim orders passed by all Courts, Tribunals falling under supervisory jurisdiction due to COVID-19
The Calcutta High Court in suo motu writ petition extended the life of all interim orders passed by all the Courts and Tribunals falling under supervisory jurisdiction due to COVID-19.
The five judge bench headed by the Chief Justice Prakash Shrivastava, Justice T.S. Sivagnanam, Justice I.P.Mukerji, Justice Harish Tandon, Justice Tapabrata Chakraborty noted that the third wave of COVID 19 Pandemic has set in and the COVID cases, not only in the State of West Bengal but in other parts of the country also are increasing at a rapid speed.
“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,” the order read.
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.
All other conditional orders of Courts will continue to remain in operation until 28th of February, 2022, notwithstanding the non- fulfilment of the conditions imposed. This will apply to non- fulfilment of the conditions for the period from 17th of January, 2022 till 28th of February, 2022 or earlier order of Court.
The benefit of limitation in terms of order of the Supreme Court dated 10th of January, 2022 passed this order will be available to all the parties covered by the said order.
