The Delhi High Court has ruled that in view of the High Court advisories, an advocate cannot be asked to appear physically before court amid COVID-19 pandemic. (VM Singh vs Madan Lal)
In case of non-appearance through virtual mode even after being intimated, the court concerned will be free to proceed in accordance with the law, it is added.
An order to this effect was passed by a Single Judge Bench of Justice Sanjeev Sachdeva.
The petitioner before the court was aggrieved by an order passed by a trial court directing the listing of his matter for physical hearing.
While doing so, the trial court had dismissed the petitioner's application for hearing through virtual mode on the ground that lengthy arguments might be advanced by the parties.
The petitioner challenged the order on account of the fact that the family members of his advocate were vulnerable senior citizens and in the present pandemic situation, it would not be possible for the advocate to physically appear before the trial court.
The court was also informed that at present, the only issue before the trial court was restoration of the pending suit.
In view the advisories issued by the High Court, petitioner cannot be asked to appear physically unless the advisory is modified by the High Court, however, recently the High Court has issued a fresh advisory that in case parties do not appear even through virtual mode even after being intimated, the Trial Court is free to proceed in accordance with law.
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