suhas digambar kharadkar (proprietor) 29 April 2010

Writ Petition

We have applied in Mumbai High Court against an internal passed by Lower Court Pune. The writ petition is due for admission in June2010. However the lerned lower court is not ready to wait uptill that time. It is going to take a decision on Interim injection on 03.05.10 ( Nishani 5) > Is it binding on lower court to wait uptill a high court takes a decision . Whether we can request the lower court to maintain status quo based on Pending Writ petition > Is there any decided case on ths issue of mumbai high court

Kindly let me know urgently

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5 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor) 29 April 2010

What is the order of the Lower Court?

Daksh (Student) 29 April 2010

Dear Suhas,

Kindly go through the Mumbai High Court Rules and immediately move an interim application seeking injunction against the lower court order detailing the contingency of circumstances.

Albiet you should have moved an ad interim application seeking injunction/status quo in the matter along with your writ petition but the same can also be moved belatedly and this fact be brought to the notice of concerned lower court by way of pleading as well.

Best Regards

Daksh

unique horn (self) 29 April 2010

hmmmm , i think no civil court will be functioning in the month of " may " !!!!!

Jayaprakash Narayan (Partner in the Law Firm) 29 April 2010

You have not stated the matter as to what right has been questioned in the writ and if the writ has a crucial point to settl, it is not necessary ask for status-quo. As you can go in appeal.

Vikas (advocate) 30 April 2010

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