difference between Injunction and Stay order


members of LCI

Kindly distinguish the category of Injunction order and Stay order?

 
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Advocate

I think both are same. Both intend to restrict the party form interfering with the property in question. There are different kind of injunction like temporary, permanent and mandatory. Here stay refers to permanent or temporary injunction. Mandatory injunction does not mean a stay order.

 
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senior partner

An order of injunction is different for a stay order. Injunction is a prohibitory order whereas a stay order simply stays further proceedings. Stay order cannot be equated to injunction. 

 
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Advocate

Injunctions are of three types as i said before - temporary, permanent, mandatory. 'Stay' is the term used by common man to describe the order which directs the other party to restrain from interference with the property in question. Hence, a 'stay' refers to either temporary or permanent injunction based on the words used in the injunction order.

 

Temporary and permanent injunctions take the meaning of stay. Where as the third type i.e., mandatory injunction specifically means the other party shall perform the act instead of restricting him from interfering. So, this type of injunction does not refer to stay.

 
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Advocate

An order of Injunction is as much as prohibitory as  Stay order .The main difference b/w them is that an order of Injunction is passed against the party where as Stay order is addressed to the Court. As soon as court has knowledge of stay order, it must stay its power and any matter which had entertain after the stay order are illegal as well unltra vires.

However, under certain appropriate circumstances Court can execute his power under the  umberalla of Sec 151 of CPC.

Thank you.

 
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Advocate

Injunction is judicial order governed vide Specific Relief Act. Whereas "stay" is granted on execution of order, judgment or proceeding.

Order 41, Rule 5 of CPC prvoides expressly about stay by appellate court on aproceeding and execution.

 
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advocate

I think Ms. Suchitra is correct. In common parlance - layman's language - they use "stay order" even for injunction. The word  stay is used in the law books to refer to abeyance till further direction from the higher court. However, it does not mean injunction. Stay is thus used for internal movement and proceedings within the court and hence when stay is used for any order by the court for any matter outside the court premises, it is a wrong usage. Please correct me for error, if any.

 
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Assistant Vice President - Legal

I agree with Mr. Subramanian.

 
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I agree with the opinion of Mr.Subrahmanian and Tenzin Namgyal.

 
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Advocate SC & Delhi HC

Disagreeing to Tenzin Namgyal. Both the order of Injunction as well as Stay Order are passed against the party (i.e. petitioner or respondent), and never addressed to the Court (even in appeal), as court is not the party.

Disagreeing valentine thakkar as well, as Stay is NOT used for internal movement and proceedings within the court, but stay the execution of an Order (administrative/ executive order or judicial order) till final disposal of the case in hand of a court.

Both Stay and Injunctions can be granted on administrative or executive orders. But injunctions are never granted on any judicial order.

Stay is towards execution of an order (executive or judicial order). Injunction is not related to any order but to command a party for certain specific performance.

 
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