Validity of HC Stay Order
I am seeking advise from the learned members of this forum.
Usually, a High Court grants Interim/ad-interim relief to an applicant by mentioning that the relief is granted in the meanwhile as per certain clause and the clause usually reads "That pending the hearing and final disposal of the present Writ Petition, this Hon’ble Court be pleased to stay operation/execution of order". Therefore, it is evident that, stay is granted till the disposal of the plaint, unless vacated.
However, on every subsequent interim order/adjournment, it is mentioned "Interim Relief granted, if any, to continue till next date".
My question here is, if the stay granted is valid till disposal of plaint (unless vacated), what is the need of mentioning the clause "Interim Relief granted, if any, to continue till next date"?
Certain High Courts have clarified the issue as in Para 12 to 14 of Bombay High Court's attached order. But there is no clarification in CrPC, CPC or Supreme Court Judgement. I request the learned members of this forum, to share any such Judgement of Supreme Court or any rule clarifying the matter of validity of such Stay orders granted by courts. more
Usually, a High Court grants Interim/ad-interim relief to an applicant by mentioning that the relief is granted in the meanwhile as per certain clause and the clause usually reads "That pending the hearing and final disposal of the present Writ Petition, this Hon’ble Court be pleased to stay operation/execution of order". Therefore, it is evident that, stay is granted till the disposal of the plaint, unless vacated.
However, on every subsequent interim order/adjournment, it is mentioned "Interim Relief granted, if any, to continue till next date".
My question here is, if the stay granted is valid till disposal of plaint (unless vacated), what is the need of mentioning the clause "Interim Relief granted, if any, to continue till next date"?
Certain High Courts have clarified the issue as in Para 12 to 14 of Bombay High Court's attached order. But there is no clarification in CrPC, CPC or Supreme Court Judgement. I request the learned members of this forum, to share any such Judgement of Supreme Court or any rule clarifying the matter of validity of such Stay orders granted by courts. more
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Dear Sir, It is for the sake of "StatusCo" or keep the status of the progress of the matter intact, else each time it will have to be reviewed. more
May 27
Dear Mr. Atul Jauhari (Technocrat), It is to save the time, money and efforts. Moreover, it is a practice right from Apex Court. Else each and every time the Hudges has to deliver Detailed Order which will not suffice the very purpose of Ad- interim or interim Order. Detailed final verdict usually carry the reasoning as well. In the present matter it seems not given, hence the remedy is only of review or revision. Even the clarification application for elaboration can be submitted, subject to circumstances. more
May 27
Dear Mr. UDAY GB, If it is not necessary for the Court to mention each and every time the past orders, nor it is practical, then why to write the phrase "Interim Relief granted, if any, to continue till next date". Just don't write. And that is my question. more
May 27
It is not necessary for the Court to mention each and every time the past orders, not it is practical. It is therefore the practice to prevail that " "Interim Relief granted, if any, to continue till next date". Similarly in the same line, unless the Order to the effect is pronounced, stay granted Or any interim / Ad interim relief granted can not be considered vacated. more
May 26
it is so simple to understand your answer lies in your querry itself Justice Oak has not dealt specifically but gave alternate answer which is with great respect send wrong signal more
May 20
