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In view of the Covid-19 situation in Uttar Pradesh, the Allahabad High Court has extended the life of all interim orders passed by the High Court and courts subordinate to it till February 28, 2022. Taking an upsurge in number of infections into account, the court deemed it appropriate to issue the direction.
As per the order passed by the division bench comprising Chief Justice Rajesh Bindal and Justice Piyush Agrawal the interim orders passed by Tribunals will also be covered by High Court's these directions.
The order states, "All interim orders passed by the High Court of Judicature at Allahabad as well as at Lucknow Bench, 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 31.12.2021, shall stand extended till 28.02.2022."
However, the Court has specifically made it clear that in case any undue hardship and prejudice of any extreme nature is caused to any of the parties due to this extension, the said party/parties would be at liberty to seek appropriate relief by moving an appropriate application before the competent court, tribunal, judicial or quasi-judicial forum.
Issuing the directions, court pointed out that "recently, a new variant of COVID – 19 virus has drastically increased in the number of COVID-19 cases, not only across the State of Uttar Pradesh but also all over the country and the situation is deteriorating day-by-day."
This development has taken place in a suo moto case registered in the year 2020. In this Public Interest Litigation (PIL), the High Court on April 24, 2021, had issued direction for extension of the interim orders, which was again extended on May 31 and August 2, 2021, respectively. Thereafter, the matter was directed to be listed on August 17, 2021, however, on that date, the interim order was not extended as no prayer was made for such extension.
Now, following Supreme Court's footsteps, where the Apex Court has recently restored a March 2020 order and continued exclusion of period till February 28 for the purposes of limitation in respect of all judicial or quasi-judicial proceedings, the Allahabad High Court also restored the order of April 24, 2020, in the above-mentioned suo moto case, and continued extension of all interim orders.
Case Title: In Re: (Suo Moto) v. State of Uttar Pradesh
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