Vacate stay petition - dealy in hearing
uma shankar
(Querist) 05 October 2013
This query is : Resolved
We had entered into an MOU under which another party ('x') had to pay us money by periodical cheques. However, 'X' subsequently filed a suit and obtained interim stay for his payment. We have filed a vacate stay petition, but even after 4 months, the same is not heard by the Court, even after mention. I am told that the Hon'ble SC has observed that Vacate Stay petitions should be disposed of on urgent basis, within a time frame. Can anyone let me have citations for such observation/order by the Supreme Court ? Thanks
ajay sethi
(Expert) 05 October 2013
for citations visit indian kanoon website . you must have negaged a lawyer . he will do the research work . your application for vacation of stay will be heard and finally diposed of . courts are over burdened hence the delay
R.K Nanda
(Expert) 05 October 2013
search SC web site.
Raj Kumar Makkad
(Expert) 05 October 2013
I have also the similar opinion as expressed above.
uma shankar
(Querist) 07 October 2013
In Maria Margarida Sequeira Fender & Others Vs. Erasmo Jack de Sequeira (SC Appral 2968/2012, SLP 15382/2009), The Hon’ble Supreme Court observed that the “safe and better course in case of grave urgency, if necessary, injunction can be given for a specified period of 2 weeks--------------- ”
In Amarjeet Singh and Ors. v. Devi Ratan and Ors. MANU/SC/1843/2009 : (2010) 1 SCC 417 the Court in para 17 the Supreme Court expressed its disapproval of the tendency to seek interim injunctions on friviolous grounds, amounting to an abuse of the legal process.
