The outbreak of the novel COVID-19 was identified as "public health emergency" of international concern by the World Health Organization on 30th January 2020. No discipline of work has escaped from the impact of Covid 19, which is continuing to gravely affect the economic and legal framework of various countries. It is expected that in near future, our judicial system will be flooded with innumerable cases related to issues such as "delays in implementation, rationalization of manpower, closure of business units, disruptions in supply chains and non-performance of contracts", resulting in additional load over already pending cases in the system.

This article covers the compilation of major working orders issued by different judicial forums to cope up with the problems which arose during Covid-19 pandemic, to keep the forums functioning while maintaining the integrity of Indian Judicial System.

SUPREME COURT OF INDIA16th March 20201

Supreme Court in its Suo Moto Writ Petition passed order pertaining to contagion of Covid-19 virus in prison directing to maintain a self-isolation cell in prison to control the spread of the disease.

  • 23rd March 20202 : Guidelines issued by the hon'ble Chief Justice of India directing that benches must hear matter only of extreme urgency, after application has been filed by Advocate-on-record/ party-in person containing synopsis of extreme urgency at mention.sc@sci.nic.in; For the purpose of Video Conferencing, "VIDYO" application must be downloaded by all the practitioners.
  • 23rd March 20203 : Suo Moto Writ Petition filed for cognizance for extension of limitation wherein period of limitation in all proceedings, irrespective of the limitation prescribed under general law or special law whether condonable or not shall stand extended w.e.f 15th March 2020 till further order(s).
  • 6th May 20204 : Suo Moto Writ Petition for cognizance for extension of limitation wherein all periods of limitation prescribed under the Arbitration and Conciliation Act, 1996 and under section 138 of Negotiable Instrument Act 1881 shall be extended with effect from 15th March 2020 till further orders. In case, the limitation has expired after March 15, 2020 then the period from 15th March 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.
  • 15th May 20205 : Supreme Court to function during its summer vacation from 18th May 2020 to 19th June 2020.
  • 16th May 20206 : Supreme Court exempted the advocates from wearing heavy upper body clothings like coat, chapkan, or gown and they may wear the dress as prescribed under the Bar Council of India Rules with plain white band ensuring proper decorum before virtual courts.
  • 23rd May 20207 : Supreme Court issued guidelines in respect of appearance slip wherein the slip has to be sent in fixed format through registered email ids of respective advocate on record.

HIGH COURT OF DELHI23rd March 20208

Functioning of High Court as well as subordinate court suspended till 04 April 2020; For matters related to extreme urgency, Registrar maybe contacted for arrangement of hearing through video conferencing; Lockdown/suspension of work shall be treated as closure within Section 4 of Limitation Act and thus limitation of any court will not run within this time.

  • 13th April 20209 : Office Order cancelling summer vacation of this court and subordinate court wherein the court shall function during the entire month from 01 June 2020 to 30 June 2020
  • 22nd April 202010: Filing/Mentioning of Urgent Matters before the designated Registrars/Joint Registrars would now be only through clickable link https://tinyurl.com/y7se5gl2 OR http://164.100.68.118:8080/DHC_FILING/.
  • from 10:30 am to 12:00 noon on all working days. Court has started a Helpline Number "14611" to receive any complaint with regard to deficiency in visual acuity or audibility experienced by participants during the video conferencing proceedings.
  • 26th April 202011 : Matters related to The Protection of Women from Domestic Violence Act 2005, Matrimonial matters (including the matters relating to maintenance, visitation rights and custody), Eviction matters based on bonafide requirement, All Criminal Appeals/ Revisions/Petitions in which convict is in custody, MACT Appeals involving death and permanent disability, Petitions under sec 9 and sec 34 of Arbitration and Conciliation Act 1996, Quashing of criminal case based on settlement through Mediation, Ex parte matters, may be heard during suspended functioning of the court with consent of all the parties.
  • These matters would be taken up for disposal, subject to the following conditions wherein matters should be fit for final hearing - 1) Each side has to send point-wise written submissions not exceeding five pages including proper index of authorities and complete citation 2) Hon'ble court may hear oral arguments through video-conferencing, with advance notice.
  • All counsels with above noted instructions shall send scanned copy of jointly signed application to the designated email i.e. consent-listing. dhc@gov.in with complete particulars of the case, names, mobile numbers and email IDs of all such counsel.
  • 8th May 202012: Filing of Non-urgent/ordinary matters in both fresh and pending matters can be done through link http://dhcefiling.nic.in:8080/DHC_NONURG/).
  • 25th May 202013: Advocates during video conferencing are exempted to wear gown, coats and are expected to adhere to rest of the dress code as prescribed by the Bar Council of India rules.

NATIONAL GREEN TRIBUNAL23rd March 202014

Minimum essential staff to be present in court premises. The remaining staff shall work from home. Only urgent hearing matters to be heard.

NATIONAL COMPANY LAW TRIBUNAL22nd March 202015

No oral arguments to be heard and the counsel must send written arguments as prescribed. With respect to extension of time in matter regard to IBC-2016 matters extension of time, approval of resolution plan and liquidation will not be construed as urgent matters and will be taken up as soon as regular benches start working.

  • 7th April 202016 : For matters being held by video conferencing, it is appealed to file Joint Memo of Written Submissions wherein applicant has to file brief facts in five to ten lines with reliefs thereto and serve the same to opposite party along with its application. After which the opposite party, in return, shall brief their defence and serve the same to applicant within 24 to 48 hours. Following this both the parties shall jointly draft the points for determination by NCLT, based on which both the parties shall separately set out reasons supporting their respective stands in two to three lines on each of the points for determination. The applicants shall first set out their reasons in bullet points, and then the opposite party shall set out their reasons in bullet points. This Joint Memo along with relevant material papers/documents duly signed by both the parties and the counsels, be filed one day before the date of hearing or at least six hours before hearing. In the event, that the situation demands grant of ad-interim relief by NCLT even before filing this Memo, nonfiling of this Memo will not become hindrance to NCLT in granting such relief.
  • 5th May 202017: Summer vacation falling in month of May/June/July of respective NCLT benches stands cancelled and benches shall function during the said period.
  • 12th May 202018: A record of default from an Information Utility has to be compulsorily filed along with new petitions u/s 7 of the IBC.

NATIONAL CONSUMER DISPUTE REDRESSAL FORUM16th March 202019

Matters with extreme urgency which include matter related to immediate stay of the execution proceedings, matter in which stay of arrest warrants or recovery certificates has been issued or any matter which Listing officer thinks can be of urgent nature will only be heard.

  • 24th March 202020: The period of limitation for filing Complaints, Appeals, Revision Petitions, Execution Applications, Execution Appeals, Review Applications and all other Miscellaneous Applications shall stand extended with effect from March 15, 2020.
  • 23rd April 202021: The extension of the period of limitation with effect from March 15, 2020, shall also be applicable to the filing of Written Version(s)/ Written Statement (s)/ Reply to be filed by opposite Party after receipt of notice(s) issued upon admission of Complaint(s).
  • 2nd June 202022: Matters will be held via video conferencing from 15th June 2020 till further orders. Also, matters which are filed w.e.f June 03, 2020, parties have to submit digitalized files (at ncdrc@nic.in) along with physical copies.

Footnotes

1 https://main.sci.gov.in/pdf/LU/16032020_100611.pdf

2 https://main.sci.gov.in/pdf/cir/23032020_153213.pdf

3 https://main.sci.gov.in supremecourt/2020/10787/10787_2020_1_12_ 21570_Order_23-Mar-2020.pdf

4 https://main.sci.gov.in/supremecourt/2020/10787/10787_2020_31_6_ 21961_Order_06-May-2020.pdf

5 https://main.sci.gov.in/pdf/cir/16052020_091316.pdf

6 https://main.sci.gov.in/pdf/cir/17052020_080734.pdf

7 https://main.sci.gov.in/pdf/cir/23052020_102453.pdf

8 http://delhihighcourt.nic.in/writereaddata/Upload/PublicNotices/ PublicNotice_L07R5UBQP6N.PDF

9 http://delhihighcourt.nic.in/writereaddata/Upload/PublicNotices/ PublicNotice_GCFF7BU81K5.PDF

10 http://delhihighcourt.nic.in/writereaddata/Upload/PublicNotices/PublicNotice_JHPEXF09ATR.PDF

11 http://delhihighcourt.nic.in/writereaddata/Upload/PublicNotices/PublicNotice_5U75WWGF7N8.PDF

12 http://delhihighcourt.nic.in/writereaddata/Upload/PublicNotices/PublicNotice_6Z5FPGU4KB2.PDF

13 http://delhihighcourt.nic.in/writereaddata/Upload/PublicNotices/ PublicNotice_VE72H4RN544.PDF

14 https://greentribunal.gov.in/sites/default/files/office_orders/Office%20Order%20dated%2023.03.2020.pdf

15 https://nclt.gov.in/sites/default/files/Feb-All-PDF/notice%20dated%2022.3.2020.pdf

16 https://nclt.gov.in/sites/default/files/Feb-All-PDF/Notice%20over%20written%20submissions.pdf

17 https://nclt.gov.in/sites/default/files/Feb-All-PDF/order1.pdf

18 https://nclt.gov.in/sites/default/files/Feb-All-PDF/Record%20of%20default%20from%20Information%20Utility.pdf

19 http://ncdrc.nic.in/pdf_Files/circular16032020.pdf

20 http://ncdrc.nic.in/pdf_Files/officeOrder24032020_1.pdf

21 http://ncdrc.nic.in/pdf_Files/OfficeOrder23042020.pdf

22 http://ncdrc.nic.in/pdf_Files/OfficeOrder02062020.pdf

Originally published on May 2020. Vol. XIII, Issue V

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.