Patna High Court - Orders
In Re Functioning Of Courts In Bihar ... vs The State Of Bihar on 18 May, 2020
Author: Sanjay Karol
Bench: Chief Justice, Dinesh Kumar Singh, Hemant Kumar Srivastava
IN THE HIGH COURT OF JUDICATURE AT PATNA
(Court on its own motion)
Civil Writ Jurisdiction Case No.5633 of 2020
In Re: Functioning of Courts in Bihar during the period of
COVID-19 Pandemic (Corona Virus).
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Appearance:
For the State : Mr. Lalit Kishore, Advocate General
For the Union of India : Mr. S. D. Sanjay, Addl. S.G.
For the Advocates' Association : Mr. Yogesh Chandra Verma,
Sr. Advocate
For the Lawyers' Association : Mr. Ajay Thakur, Advocate
For the Bar Association : Mr. Sanjay Singh, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
AND
HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
AND
HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
......
(The proceedings of the Court are being conducted by Hon'ble the Chief Justice/
Hon'ble Judges through Video Conferencing from their residential
offices/residences. Also the Advocates and the Staffs joined the proceedings through
Video Conferencing from their residences/offices.)
ORDER
3. 18.05.2020Heard Shri Lalit Kishore, learned Advocate General, Bihar, Shri S. D. Sanjay, learned Additional Solicitor General of India, Shri Yogesh Chandra Verma, President, Advocates' Association, Shri Ajay Thakur, President, Lawyers' Association and Shri Sanjay Singh, President, Bar Association of this Court.
Matter taken up with the passing of the following orders:-
Patna High Court CWJC No.5633 of 2020 dt.18.05.2020 2
(i) On 6th of May, 2020, the Hon'ble Supreme Court of India in Suo Motu Writ (Civil) No.3 of 2020 in RE:
COGNIZANCE FOR EXTENSION OF LIMITATION passed the following order:-
"IA No.48411/2020 - FOR DIRECTIONS By way of filing this application for directions, the applicant has made the following prayer :
"To issue appropriate directions qua (i) arbitration proceedings in relation to section 29A of the Arbitration and Conciliation Act, 1996 and (ii) initiation of proceedings under section 138 of the Negotiable Instruments Act, 1881;"
In view of this Court's earlier order dated 23.03.2020 passed in Suo Motu Writ Petition (Civil) No.3/2020 and taking into consideration the effect of the Corona Virus (COVID 19) and resultant difficulties being faced by the lawyers and litigants and with a view to obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunal across the country including this Court, it is hereby ordered that all periods of limitation prescribed under the Arbitration and Conciliation Act, 1996 and under section 138 of the Negotiable Instruments Act 1881 shall be extended with effect from 15.03.2020 till further orders to be passed by this Court in the present proceedings.
In case the limitation has expired after 15.03.2020 then the period from 15.03.2020 till the date on which the lockdown is lifted in the jurisdictional area where the dispute lies or where the cause of action arises shall be extended for a period of 15 days after the lifting of lockdown.
In view of the above, the instant interlocutory application is disposed of.
Patna High Court CWJC No.5633 of 2020 dt.18.05.2020 3 IA No.48375/2020-CLARIFICATION/DIRECTION AND IA No.48511/2020-
CLARIFICATION/DIRECTION AND IA No.48461/2020-CLARIFICATION/DIRECTION AND IA No.48374/2020 - INTERVENTION APPLICATION AND IA No.48416/2020 -
INTERVENTION APPLICATION AND IA No.48408/2020 - INTERVENTION APPLICATION Issue notice.
Waive service on behalf of the respondent - Union of India since Mr. K. K. Venugopal, learned Attorney General for India and Mr. Tushar Mehta, learned Solicitor General, appear on its behalf. Let notice be issued to other respondents." In view of the extension of the lock down period till 31st of May, 2020 and the order reproduced supra, our earlier interim directions contained in the order dated 30th April, 2020, wherever applicable, would stand modified.
(ii) Save and except for the direction No.(i) issued (supra), the date 18th of May, 2020 and 17th of May, 2020 referred to in direction nos.(i) to (vii) of our order dated 30th April, 2020 shall stand extended and be read as 2nd of June, 2020.
(iii) Our direction no.(iv) in order dated 30th April, 2020 stands clarified to the extent that in so far as cases in which bails have been granted either by the Hon'ble High Court of Judicature at Patna or Courts Subordinate thereto, and the period for furnishing the bail bonds expired during the period of Pandemic of Corona Virus Covid-19, commencing 16th of March Patna High Court CWJC No.5633 of 2020 dt.18.05.2020 4 2020 onwards, and the petitioners/applicants stand released on their personal bonds, or where the terms of bail of furnishing sureties could not be complied with due to pandemic related issues, we extend the period for furnishing the sureties/ securities by a further period of six weeks hence or within one week, whichever is earlier, from the day on which the concerned Court in seisin of the matter starts/ commences/resumes proceedings in physical mode whenever it is practicable and in conformity with the relevant government instructions relating to lockdown and COVID 19.
List on 3rd June, 2020.
We also request Secretaries of all the three Bar Associations to join the proceedings on the next date of hearing.
Registrar (List) shall ensure that a copy of this order be sent to all concerned through electronic mode.
(Sanjay Karol, CJ) (Dinesh Kumar Singh, J.) (Hemant Kumar Srivastava, J.) U