In an attempt to "lower paper in-flow" and speed up the listing of cases before his bench, the Bombay High Court bench led by Justice Gautam Patel has issued a number of administrative directions.
The notification dated December 28 states that an automatic mechanism for listing will be introduced, eliminating the need to report any issues unless they are extremely urgent (imposition of costs if urgency is not found). Every week's Daily Board will be released on the Friday or Saturday before.
“Far too much time of courts and advocates is lost in mentioning matters for listings,” the notice says.
The notification has also altered the precipice-based ordering and listing systems. A short statement describing the urgency is called a precipice. Any listing request would now be made using a Google form. The notice stated that the form would be reviewed twice daily and that a hearing date would be provided.
Additionally, the advocate for the opposing party must be informed of the request for a hearing. The letter states that all advocates will be able to check their listing requests and the assigned dates on the HC website and via email using a PDF of the Google Sheet.
According to the notice, the lack of current precipice record-keeping made this adjustment necessary. However, it was made clear that a more robust system for submitting PRAECIPES electronically would eventually exist (with automatic generation of SMS, WhatsApp, and email notifications to the applicant seeking a listing and a corresponding alert to the advocates/parties who have provided their contact information).
Advocates are urged to use E-Filing for all new matters, according to the notice. Additionally, the court has ordered parties to file their affidavits 48 hours in advance rather than allowing them to be presented across the bar. Additionally, a permanent hybrid system of hearings has been implemented.
Significantly, the notice states that “an endeavor is being made to provide for auto-listing so that for every newly filed Petition or IA, without requiring a praecipe, the matter gets listed even if filing defects are not removed, seven working days after filing.”
This indicates that for newly filed matters that can be heard after seven days, praecipes wouldn't even be necessary.
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