Madras HC issues additional guidelines for case filing, applying for certified copies of documents amid COVID-19 [Read Notifications]

As per the latest instructions, even if a case is filed through e-mail, "before assigning case number, the Registry will inform the Advocate/Party-in-Person through e-mail for furnishing the hard copy of case papers."

All cases filed in the Madras High Court would now require the deposit of hard copies, whether the case is being filed through e-mail or not, as per revised instructions issued on Monday.

As per these instructions, even if a case is filed through e-mail, "before assigning case number, the Registry will inform the Advocate/Party-in-Person through e-mail for furnishing the hard copy of case papers."

The development comes close on the heels of the Court's first Bench directing the Registrar (Judicial) to streamline the listing of cases after a PIL earlier dismissed as withdrawn was found to have been inadvertently numbered afresh and listed again before the Court last week.

Madras HC takes critical note of lack of coordination in Registry's Writ Section after same PIL gets listed twice

This apart, the Court has also intimated that it will resume the provision of certified copies of orders, judgments and documents filed and exhibited in Court. Applications for the same can be made from Tuesday onwards after following detailed instructions issued for the same.

A third notification issued on Monday also intimates that from Tuesday onwards, the Court will take up more cases including "all Fresh Admissions, Adjourned Admission and Notice of Motion stage cases of all category of cases."

However, it has added that Final Hearing stage cases of all classification would only be taken up with the consent of advocates from both sides.

Additional instructions for Email Filing

Those wishing to file scanned case papers through e-mail have to comply with earlier requirments already laid down in notifications issued earlier on April 17 and May 31.

Monday's notification, however, lays down the procedure that would follow once the case papers have been e-mailed after complying with these notifications.

Notably, it requires that the hard copies of the case would also have to be furnished before the case can be numbered. The detailed procedure is as follows:

1. Upon receipt of the case papers through e-mail, the examiners of the Registry will scrutinize the same. If found in order, then before assigning case number, the Registry will inform the Advocate/Party-in-Person through e-mail for furnishing hard copy of case papers.
2. If case papers are found defective, then the same will be intimated to the Advocate/Party- in-Person through e-mail. Only after curing the defects pointed out by the Registry, the Advocate/Party-in-Person shall send a clean copy of only such scanned case papers through e-mail. Thereafter, before assigning case number, the Registry will inform the Advocate/Party-in-person through e-mail to furnish hard copy of the case papers.
3. Upon intimation from the Registry for filing a hard copy of case papers, Advocate/Party-in-Person are required to file the hard copy of case papers by clearly mentioning the mode of filing ie., “E-MAIL FILING” in the docket sheet.
4. In addition to the above, Advocate/Party-in-person are required to file a memo containing case details that are sent to Registry through e-mail.
5. The aforesaid case papers shall be filed in the designated Counter installed near South Gate (Gate No.7) of the Madras High Court campus with a separate Drop Boxes kept for collecting case papers pertaining to all branches i.e., Appellate Side, Writ, Criminal Side and Original Side. The said Counter shall function from 10:30 am to 1:30 pm on all working days.

Instructions For Physical Filing

1. The Advocate/Party-in-Person who have chosen to file case papers physically are required to file the said case papers in the drop box as provided in the High Court campus.
2. The Advocate/Party-in-Person shall clearly mention the mode of filing ie., “PHYSICAL FILING” in the docket sheet of case papers and also mention their mobile number and e-mail ID in the docket sheets.
3. After due fumigation process, the Registry will scrutinize the case papers so received and if found otherwise in order, then the Registry will proceed further.
4. If case papers are found defective, then the same will be intimated to the Advocate/Party-in-Person through email or through other means of communication.
5. After curing the defect(s) pointed out by the Registry, the clean copy of such paper(s)/document(s) alone is/are required to be submitted at the very same filing counter.
6. In addition to the above, Advocate/Party-in-Person shall submit a memo containing an undertaking that they will take steps to rectify the corrections required to be made in the original case papers as such found in clean copy of case papers after resuming regular court functioning.

General Instructions

1. The case papers filed in the dropbox will be taken up for further course of action only after a day of quarantine, in order to give sufficient time for the COVID–19 virus to become extinct.
2. Advocate/Party-in-person may continue to exercise option to file Bail Applications through e-filing mode by following the instructions issued through an April 20 notification.
3. No hard copies/case papers shall be returned physically under any circumstances during this COVID-19 lockdown period or till the normal case filing is restored except with the leave of the Court upon request made.
4. The Advocate/Party-in-Person who are coming to file case papers shall have access upto the Counter installed near South Gate (Gate No.7) of Madras High Court Campus.
5. The attendees to the filing counter shall adhere to all necessary guidelines issued by the Government of India and the Government of Tamil Nadu on the restrictions to prevent from COVID-19 viral infection.
6. It should also be ensured that the bearer of the case paper shall not be the resident of a hot spot area/containment zone notified by the concerned local body.
7. The attendees are requested to give full cooperation to the security personnel deployed near the filing counter in the High Court campus for smooth functioning of the filing facility.

Instructions to apply for certified copies of orders/ judgments/ documents

1. Advocates/Parties can file the copy application at the Counter designated to receive them near South Gate (Gate No.7) of Madras High Court campus.
2. The said Counter shall function from 10:30 am to 1:30 pm on all working days.
3. The Copy Application so filed, will be taken up for further course of action only after a day of quarantine, in order to give sufficient time for COVID–19 virus to die out.
4. The Applicants are requested to clearly mention the Section where the Copy Application required to be filed such as Current Section, CCC Civil, CCC Criminal, Copyist Department and Original Side Copy Application Section.
5. The nature of order, mobile number and e-mail ID should also be mentioned in the said Application along with the other mandatory descriptions.
6. The Applicant who is not a party to the proceedings, requiring certified copies of Judgments/orders of this Court or of any documents filed or exhibited in such proceedings, shall follow the relevant rules in force stipulated for the purpose. Every such Application shall be filed by following the instructions notified on April 17, 2020 and July 13 with reference to filing and hearing of cases.
7. The Court fee and other charges payable for the compliance of the copy application shall be remitted along with Copy Application in accordance with the existing procedure following during normal court functioning.
8. If the Copy Application is found defective or not in proper form, the same will be returned to the Applicant for amendment upon intimation through SMS/email for compliance. The Applicant is required to receive the Returned Copy Application in the Counter designated to receive Copy Applications. After due compliance, the said Copy Application is required to be re-presented in the same Counter.
9. The intimation to deposit the requisite Court fee for Copy Compliance will be sent to the Applicants only through SMS/e-mail. Upon receipt of the same, the Applicants are required to remit the Court Fee in the same Counter designated to receive Copy Applications during this exigency along with a memo containing information about remittance of additional court fee for the Copy Application already filed.
10. The intimation of copies made ready for delivery also will be send to the Applicants through SMS/email. Upon intimation being received, the Applicants may receive the said copies from the very same Counter designated to receive Copy Application.

Read the Guidelines regarding filing of cases: