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2020 (10) TMI 1317

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....igating public and by order dated 05.05.2020 passed the following: "5. On the face of the crisis, we are sincerely concerned with the plight of the citizens and the litigants, majority of whom in our State are poor. They are not in a position to come to the Court in such a situation to seek legal remedies. We also do not want rush of litigants in the Courts in contravention of the "Social Distancing" discipline. 6. For the consequential lockdown due to COVID19 in three phases including the present one, working of this Court, other subordinate courts as well as judicial and quasi-judicial authorities working under the superintendence of this Court, has been affected to a great extent. The situation has resulted in ....

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....t has power of superintendence, which were subsisting as on the date of commencement of national lockdown, shall stand extended till 18th June 2020. (ii) That it is further directed that the interim orders or directions of any court in the State, which are not of a limited duration and were meant to operate till further orders, shall continue to remain in force until modified/altered/vacated by specific order of the court concerned in a particular case. (iii) Filing of written-statement or return in any Suit or proceeding pending before any Civil Court or any other forum, unless specifically directed, shall stand extended 4 till 18th of June, 2020. It is however clarified that, if the parties are in a position to file such....

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....ising the criminal jurisdiction and limited by time-frame specifying an expiry date, stands extended till 18th of June, 2020, subject to the condition specified in Point No.(ix). viii) Unless there is necessity of arrest for maintenance of law and of course order, in a cognizable offence prescribing sentence up to seven years imprisonment, the police should not be in a hurry to arrest the accused without complying with the provision of Section 41(A), Cr.P.C. This shall be effective till 18th June, 2020. (This is however not an interdict or a direction to curb power of the police to arrest, but on the face of the crisis, an advisory to be followed by the police so far as it is practicable and possible). (ix) It is further d....

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....operate until further orders, shall remain unaffected. (b) That, in case, extension of interim order(s)/ direction(s) as directed by us cause undue hardship and prejudice of any extreme nature to any of the parties to such proceeding(s), such parties would be at liberty to seek appropriate relief before the competent Court(s), Tribunal, 7 Judicial or Quasi-Judicial Forum, and these directions shall not be a bar for such Courts / Forums to consider such petition(s) filed by the aggrieved party, on its merit, after due notice to the other side. (c) Our directions vide Point No.(ix) shall have no effect if the State is required to resort to eviction or demolition for any urgent public purpose in the larger interest of the pub....

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....0 of 2020 20. Heard learned counsel for the parties by Video Conferencing mode. Prayer for intervention made in I.A. No. 11851 of 2020 is allowed. I.A. No. 12030 of 2020 been filed by the intervenor petitioner- Cholamandalam Investment and Finance Company Limited (CHOLA) with a prayer to allow it to auction the vehicles, which were seized prior to imposition of the lock-down during COVID-19 pandemic situation. Learned counsel for the intervenor-petitioner submitted that the vehicles were seized prior to lockdown and they are all hypothecated. Since the customers were unable to repay the loan dues, the vehicles were seized which are still lying in the open air and its value deteriorates and will not benefit to anyone including th....