In view of partial functioning of the district and trial courts, the Karnataka High Court has passed an order containing guidelines regarding the release of payment to litigants. A division bench comprising Chief Justice Abhay S Oka and Justice S Vishwajit Shetty passed the order detailing the procedure to be followed for releasing payments to the litigants.
A large number of litigants, especially the victims in Motor Vehicle Accident Claim cases, claimants under the Workmen’s Compensation Act, 1923 and in Land Acquisition Compensation cases, were not able to receive the money, although the amount was lying deposited in the judicial accounts of Khajane-2.
The judicial deposits are maintained in the accounts in Khajane-2. After the implementation of Khajane-2, cheques are not being issued for an amount below Rs 5,000.”Now all payments to the litigants are being made only by way of direct transfer of money to their accounts from Khajane-2 and the earlier practice of issuing account payee cheques has been stopped. During the period of limited functioning of the courts due to pandemic Covid-19, guidelines shall be adopted by all the courts for making payments,’’ the bench stated.
As per the guidelines, the litigant who is entitled to receive the amount shall file an application with copies of several documents.
Physical presence
The physical presence can be ordered only when the court entertains a serious doubt about the genuineness of the documents.
The bench has ordered to make payment of maintenance in matrimonial matters by way of RTGS or in any other mode of direct transfer by the person who is liable to pay the maintenance.
“Due to pandemic of Covid-19, the litigants are not able to receive the payments for the last three months and therefore, all the Courts shall make an endeavour to dispose of the applications made for payment at the earliest and see that the eligible litigants can get the amounts at the earliest. The Courts cannot restrict the payments per day to a particular number of cases. While we issue these directions, we make it clear that it is the duty of the courts to ensure that the amounts are paid to those who are entitled to it,’’ the bench said.