High Court's interim order

G.Padmanabhan (Querist) 11 August 2010 This query is : Resolved

In a petition u/s 482, HC grants interim stay for two weeks of the proceedings before a magistrate's court in the Misc. Petition . Orders notice by then. Memo filed in magistrat's court as to the factum of interim stay. Proof of service of notice filed. But, the matter is yet to be listed again even after 5 weeks. Meanwhile, next hearing in the magistrat's court is coming up in a couple of days. Technically, the interim stay granted by HC was only till 15-7-09. Can the magistrate proceed with the case ? or he can't till the stay is vacated in high court?

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s.subramanian (Expert) 26 August 2010
You have to seek extension of stay order by filing a petition before the High Court. Otherwise the order will expire.

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