Allahabad High Court : Allahabad HC extends all interim orders to May 31

Insight Online News

Prayagraj (Uttar Pradesh), April 25 : The Allahabad high court has directed that all interim orders passed by the High Court at Allahabad as well as at Lucknow and also subordinate courts, which were subsisting on March 15, 2021, shall stand extended till May 31, 2021, in view of the upsurge of Covid pandemic due to which courts at all levels are working with reduced capacity.

Besides, criminal courts which granted bail orders or anticipatory bail for a limited period, which are likely to expire on or before May 31, 2021, shall stand extended for a period till that date, which is the next date of hearing in the case.

In addition to it, the court has asked banks not to auction any property of non-profitable assets (NPA) accounts meanwhile.

While reviving a suo moto public interest litigation (PIL) registered last year, a division bench comprising acting Chief Justice Sanjay Yadav and Justice Prakash Padia said, “All interim orders passed by the High Court of Judicature at Allahabad as well as at Lucknow, all the district courts, civil courts, family courts, labour courts, industrial tribunals and all other tribunals or quasi-judicial forums in the state of Uttar Pradesh over which this court has power of superintendence which were subsisting on March 15, 2021, shall stand extended till May 31, 2021.”

The order was passed on Saturday in the wake of the rise in Covid-19 cases in the state.

“Interim orders or directions of this court or any court subordinate to this court in the state of Uttar Pradesh, which are meant to operate till further orders shall continue to remain in force until modified by specific order of the court concerned,” the court further clarified with regard to stay orders in which stay was granted till further order and not up to a certain date.”

“Any orders of eviction, dispossession or demolition, already passed by the high court, district court or civil court, if not executed till today shall remain in abeyance till the next date of hearing of the PIL,” the court stated.

Any bank or financial institution shall not take any action for auction in respect of any property or an institute or person or party or anybody corporate till May 31, 2021, the court added.

However, the court made it clear that in case of extension of interim orders as per the present order, any undue hardship and prejudice of any extreme nature is caused to any of the party to such proceedings, the said party/parties would be at liberty to seek appropriate relief by moving appropriate application before the competent court, tribunal, etc.

“The general direction issued by this order shall not be an embargo in considering such application and deciding the same after affording an opportunity of hearing to all the parties to said list,” the court clarified.

While fixing May 31, 2021, as the next date of hearing, the court said that the future situation would be reviewed on this day by the court.


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