Stay order

Udit (Querist) 17 May 2018 This query is : Resolved
Sir,
If the high court grants an interim stay on the execution which worded as "there will be stay of the operation and effect of the judgment of the lower court till the next date of listing' and on the second hearing the same words are stated and an order is also made to list in the second week of August, 17.
Thereafter in subsequent hearings nothing was mentioned regarding the stay order. So would it be taken as vacation of stay and can i file execution petition now.

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Ms.Usha Kapoor (Expert) 18 May 2018
Without giving notice to you and your lawyer they can't vacate stay. Moreover as per your version vacate stay hearing is posted on August 17.

Guest (Expert) 18 May 2018
Advice of Ms. Usha Kapoor seems to be quite misleading, as interim stay is generally of temporary nature for certain specific period and expires or gets vacated automatically, if not specifically extended by the court.

Ms.Usha Kapoor (Expert) 18 May 2018
Automatically can't get vacated. Judge gives time. After plaintiff filing suit along with temporary injunction judge orders stay. Interim stay. If the situation warrants.
then defendant files counter to vacate stay. After hearing both the p[parties the judge either on the same day or a different day fixes time and at that time vacates stay. Some times if the case circumstances demand the judge may extend the stay. if iti serves interest of justice. Hereafter I wont clarify your doubts or irrelevant stinging remarks etc. You're a Moorkh.

Guest (Expert) 18 May 2018
Instead of laying stress on her vague and irrelevant advice, Ms. Usha Kappor could better have quoted relevant section of law in support of her advice.

P. Venu (Expert) 18 May 2018
What is the opinion of your advocate?

T. Kalaiselvan, Advocate Online

(Expert) 20 May 2018
It cannot be implied that the temporary stay remains after a specific period however if no specific time or date mentioned then it may be considered that the stay remains and has not been vacated.
The respondent could have appeared before the high court and file a petition on the second date seeking to vacate the stay on the grounds he relies upon instead of having doubt in his mind about the same and hesitating to initiate the execution process.

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