Procedure to procure a Stay Order form the Court

Procedure to procure a Stay Order form the Court

Just like the lock and key, stay order serves as a modern device for a pause in the Indian Judiciary system. To know more about this “lock and key”, read the article as follows!

Stay order meaning- It simply means that the party against whom such an order is issued is prevented from taking further actions in relation to the subject matter pending the occurrence of an event or a determination of a suit. So, till a stay order is in action, the operation of the Court’s proceedings is made standstill, and the party who seeks it can cause the operation of the other party (against whom the order is given) to cease.

Stay order on the property- It is a temporary injunction on a property where the concerned property is being damaged or alienated or has been wrongfully sold in other cases where an opposite party is threatening to dispose of property or property is under dispute. It is granted by Court as per order 39 of CPC.


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Stay order on land- This is a very common phenomenon in an agriculture-based country like India. Similar to stay order in property, stay order inland means a temporary injunction on the use of land. This usually happens when the land is disputed or the owner is not determined or any illegal or immoral practices occur in the land.

Online stay order- it is just like a normal offline stay order. It is just the mode of applying that change. The procedure to procurer stay order and the documents required, as we shall read here later, remains the same. Only the mode changes to the online method.

Benefits-

The time required to get a stay order may vary anywhere from 7-21 days. So the obtaining it may be easy and it may be beneficial if used in true moral spirit. However, a time limit must be fixed for such an order, without which, it may act as a fatal disease to the Indian Judiciary system. Stay order, if kept for too long, delay the proceedings and thereby justice. The dire need to manage the issue of delay in the justice delivery system cannot be denied and is required to be taken seriously not only by the system but also by the lawyers. Till the time the accused is shielded with the stay order, he can easily hamper with the evidence and witnesses of the case, thus negating its free trial.

However, the time limit for a stay order is determined, which was much needed. In cases where a stay is granted in the future, the same will end on expiry of six months from the date of such order unless a similar extension is granted by a speaking order. The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalized.

Procedure to Register Stay Order -

  1. For the stay order procedure, we need to approach the Court with proper documents of the property. Documents required for stay order include an FIR copy and ID proof along with the other relevant documents for the particular cases. In case of the stay order on the property, proper documents of the property are needed. In order to get a stay order on arrest, a copy of the FIR is required under section 482 in the High Court and a copy of the charge sheet.

  2. Three things must be proven-

  1. If the stay order is not granted, it may cause irreparable damage to the appellant or it may make the judicial proceedings complicated.

  2. The application has been made without undue delay

  3. The security has been given by the appellant for the due performance of such decree of or as may ultimately be binding upon him.

  1. If the proofs are prima facie correct, the stay order may be granted.

  2. If the Court doesn’t grant the stay order, one can always appeal to the higher Court.

The procedure to get a stay order from the High Court has the same procedure as any lower Court. Every Court has inherent powers to temporarily suspend the proceedings in any action where the plaintiff is in default or has disobeyed any lawful order of the court. Any other court may issue a precept to the High Court which would then be ‘competent to execute such decree to attach any property belonging to the judgment-debtor and specified in the precept’.

Minimum Requirements for a Stay Order

A bench of Justice Deepak Gupta and Aniruddha Bose, in a judgment in November, laid the following requirements-

  1. The balance of convenience does not favor the alleged violator

  2. The stay order does not cause irreparable harm or injury

  3. There should be a prima facie case for granting the stay order

Stay Order Instances

A stay order may be made in the following cases-

  1. Against a sale(Order 21, Rule 59)

  2. Against a Corporation(Order 30)

  3. The suit involving a minor(Order 32)

  4. Inter-pleader suits(Order 35)

  5. Summary suits(Order 37)

  6. In case of a reference to the High Court(Order 46)

How Much Does a Stay Order Cost?

The cost of filing the suit and stay petition may cost anything between Rs. 40K to Rs. 80K depending on the charge of the lawyer engaged. However, it is certainly worth it if the stay order decree is passed and the appellant is at a benefit.


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Conclusion

This article gives an overview of the stay order, its meaning, benefits, procedure, stay order on the property, stay order on land, online stay order, how to get a stay order, cost of a stay order, minimum requirements, instances of it and moreover how can Lawtendo help in the process. It may have certain benefits if done in true spirit. However, as is frequently said “Justice delayed is justice denied”, the time limit for a stay order should be strictly followed so as to render justice in its true sense.

The author of this beautiful article is Ms Ipsita Guha, BALLB, 2nd year student.

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    FAQ

    You can file a revision or an appeal in the higher court.