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2022 Supreme(Cal) 18

IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
PRAKASH SHRIVASTAVA, T.S. SIVAGNANAM, I.P. MUKERJI, HARISH TANDON, TAPABRATA CHAKRABORTY, JJ.
In Re: Matters Pending With Interim Orders In The High Court At Calcutta And Courts Subordinate To It Including The Tribunals Within The State Of West Bengal And Union Territory Of Andaman & Nicobar Islands During The Prevailing Covid-19 Situation Related Non-availability Of Access To Courts
W.P.A 5323 of 2020
Decided on : 17-01-2022

The main legal point established is the extension of interim orders and the impact of the COVID-19 pandemic on legal proceedings and limitation periods.

Headnote:

COVID-19 Pandemic - Extension of Interim Orders - Article 226 and 227 of the Constitution - Orders dated 24.03.2020, 23.04.2020, 23.06.2020, 07.08.2020, 23.02.2021, 26.03.2021, 20.04.2021, 14.09.2021, 04.10.2021, 10.01.2022 - Suo Motu Writ Petition (C) No. 3 of 2020 - M.A. No. 665 of 2021 - M.A. No. 21 of 2022

Fact of the Case:

The court dealt with the extension of interim orders in light of the COVID-19 pandemic, with subsequent modifications and recalls of orders.

Finding of the Court:

The court extended the interim orders multiple times due to the COVID-19 situation, and also considered the orders passed by the Hon'ble Supreme Court.

Issues: Extension of interim orders, impact of COVID-19 on legal proceedings, applicability of limitation periods, and the effect on specific laws such as the Arbitration and Conciliation Act, 1996, Commercial Courts Act, 2015, and Negotiable Instruments Act, 1881.

Ratio Decidendi: The court decided to extend the interim orders in light of the COVID-19 situation and also considered the orders passed by the Hon'ble Supreme Court, impacting the limitation periods and specific laws.

Final Decision: The court extended the interim orders and provided directions for conditional orders of Courts, while also ensuring the benefit of limitation as per the order of the Hon'ble Supreme Court dated 10th of January, 2022.

ORDER :

1. The above suo motu writ petition under Article 226 and 227 of the Constitution was registered on 24th of March, 2020 on account of onset of COVID-19 Pandemic with a view of safeguard the interest of the litigants.

2. On 24th of March, 2020 this Court had passed the following order:

    "In exercise of the authority under Articles 226 and 227 of the Constitution, all matters in which interim orders were subsisting as on March 16, 2020 and which may have expired or which are due to expire on or before April 9, 2020 will stand extended till April 30, 2020 or until further orders of Court, unless specifically dealt with by any judicial order to the contrary. All parties affected by continuation of the interim orders will be at liberty to apply for vacating or variation of such orders."

3. This order was extended by order dated 23rd of April, 2020 upto 30th of June, 2020 or until further orders of Court, unless specifically dealt with by any judicial order to the contrary with further stipulation that the order will apply to all orders passed, whether by this Court or any Subordinate Court or Tribunal after 15th of March, 2020 and that the order will also apply to order pertaining to the Original Side of this Court.

4. This order has been extended by order dated 23rd of June, 2020 upto 30th of September, 2020 and thereafter by order dated 7th of August, 2020 upto 30th of November, 2020 with the following modifications:

    "Conditional orders of Courts allowing occupation of any premises subject to payment of rent or occupational charges will continue, notwithstanding the non-deposit of the rent or occupation charges during the period 15th March, 2020 till 30th November, 2020. 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 30th November, 2020 or earlier orders of Court.

All other conditional orders of Court will continue to remain in operation until further orders, notwithstanding the non-fulfillment of the conditions imposed. This will apply to non-fulfillment of the conditions for the period beginning 15th Mach, 2020 till 30th November, 2020 or earlier order of Court.

This order will also apply to orders pertaining to the Original Side of this Court."

5. By order dated 23rd of February, 2021 the earlier order dated 7th of st August, 2020 was extended upto 31sl of March, 2021.

6. When the matter was taken up on 26th of March, 2021 this Court found no reason to extend the original order any further beyond March 31, 2021 except as regards the matters specifically mentioned therein and had disposed of the suo motu writ petition.

7. Considering the second wave of COVID-19 Pandemic this Court by order dated 20th of April, 2021 had recalled the order dated 26th of March, 2021 and had restored the suo motu writ petition to the file.

8. By the order dated 20th of April, 2021 this Court had extended the interim orders earlier passed in the petition till 30th of June, 2021, thereafter the interim order was continued by subsequent orders and finally by order dated 14th of September, 2021 it was extended upto 08th of October, 2021.

9. On 04th of October, 2021 considering the final order passed by Hon'ble Supreme Court in M.A. No. 665 of 2021 in SMW(C) No 3 of 2020 on 23rd of September, 2021, the writ petition was disposed of by making the interim order dated 14th of September, 2021 absolute.

10. Now 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. Considering the situation the Hon'ble Supreme Court has also entertained M.A. No. 21 of 2022 in Suo Motu Writ Petition (C) No. 3 of 2020 and by order dated 10th of January, 2022 has restored its earlier order dated 23.03.2020 and has passed the following order:

    "I. The order dated 23.03.2020 is restored and in continuation of the subsequent orders dated 08.03.2021,

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