Bombay High Court extends all interim orders passed by it as well as subordinate courts/authorities

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Bombay High Court extends all interim orders passed by it as well as subordinate courts/authorities as well as stays all demolition/eviction/dispossession orders till 30th April 2020.   Mar 26, 2020

Bombay High Court extends all interim orders passed by it as well as subordinate courts/authorities as well as stays all demolition/eviction/dispossession orders till 30th April 2020.

A Four judge Bench of the Hon’ble High Court was constituted in emergent situation of considering the COVID 19 and the consequential lock down. The Bench was constituted on a request letter sent by five Senior Advocates of the Bombay High Court.

The Hon’ble High Court has vide orders dated 26th March 2020, interalia, ordered that all interim orders passed by High Court at various Benches in Maharashtra as well as those passed by all subordinate courts/tribunals and authorities and expiring before 30th April 2020 shall continue to operate till then. All orders for eviction, demolition, dispossession already passed are also kept in abeyance. The relevant part of the orders are reproduced herebelow:-
 
“ In this situation, we find 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 vacation of interim orders only in extreme 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 power of superintendence expiring before 30.04.2020, shall continue to operate till then.

It is clarifed that such interim orders which are not granted for limited duration and therefore, are to operate till further orders, shall remain unaffected by this order.

Orders or decree for eviction, dispossession, demolition already passed by any court/Tribunal/Authority shall also remain in abeyance till then.

Considering the prevalent shut down and other issues, we hope that Government as also municipal authorities and other agencies or instrumentalities shall also be slow in taking any coercive steps so as to drive the citizen to court of law in the meantime. “

Text of the judgment  - 
 
 

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