[COVID-19] Bombay High Court likely to discontinue extension of interim orders from October 8

The Bombay High Court has extended the life of interim orders passed by the High Court as well as subordinate courts and tribunals in Maharashtra and Goa till October 8, 2021. (Court on its own motion - Suo-Motu PIL 1 of 2021)..The Full Bench of Chief Justice Dipankar Dutta and Justices AA Sayed, SS Shinde and PB Varale passed the order today on a suo motu petition initiated on the extension of protection to those who are unable to access justice because of the restricted functioning of the courts due to COVID-19 pandemic..The Court was informed by the Advocate General (AG) Ashutosh Kumbhakoni that Maharashtra government had not taken a decision on lifting of lockdown restrictions so far, as it is waiting for a period of 10 days after the festival of Ganeshotsav to monitor the COVID pattern.The State government will take a call on the same next week, the AG submitted..In light of these submissions, and after taking stock of the situation, the Court observed that the situation in Maharashtra seemed to be "gradually improving" and hence deemed it fit to extend interim protection till October 8, 2021. It was however, made clear by the Bench that if the pandemic situation improves, then the interim order will be vacated. "It is only if the situation deteriorates will we consider continuing the interim order," the Bench said. .The Bench also declared that the order be widely circulated by the media so that litigants can prepare themselves to approach appropriate fora to take measures..While there were requests from Advocate Uday Warunjikar appearing for an advocates' association that the protection may be extended by at least three weeks to avoid the sudden rush in courts, the Court refused to consider the request stating they will take stock of the situation on October 8, 2021..CJ Datta also remarked that they do not want anyone taking undue advantage of their well-intentioned orders and that they are prepared to handle any surge in cases coming to the Court. "We want rush in courts. Our officers are up for the task. We will open full access to everyone. Let matters come up," CJ Datta said. .The Court had on April 16, 2021 directed that interim orders passed by itself as well as subordinate courts and tribunals that fall under its jurisdiction shall stand extended till May 7, 2021, which was then extended till August 31, 2021. .The Bench had however clarified that since the third wave was "knocking at the doors" and unless COVID appropriate behaviour is not maintained, the State might again face imminent danger. The orders were, therefore, extended till September 30, 2021 and the issue was kept open for reconsideration. .On Friday, the High Court directed that orders pertaining to eviction, demolition or dispossession passed by any lower courts or authorities after April 9 will be kept in abeyance one last time as per the conditions of its April 16 order..While the Principal Bench at Mumbai continues to hold physical hearings 4 days a week and one day through video conference hearing, the Bench at Nagpur and Aurangabad and Goa have switched to complete physical hearing.