Status quo

PRABIR SAHOO (Querist) 19 August 2021 This query is : Resolved
Whether Supreme Court judgement dated 28.03.2018 on automatic cancellation of Stay Orders are also equally applicable for STATUS QUO cases also.

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This discussion explores whether the Supreme Court's 2018 judgement, mandating the automatic expiry of stay orders within six months unless explicitly extended, also applies to 'Status Quo' orders. The consensus reached is that the judgement does indeed have a binding effect on Status Quo cases, regardless of the initial confusion it may have caused.

P. Venu (Expert) 19 August 2021
What are the facts? What is the context?

K Rajasekharan (Expert) 19 August 2021
The order issued in Asian Resurfacing of Road Agency & another v Central Bureau Of Investigation on 28th March 2018 and reaffirmed by a three judge bench on 15th October 2020 says that all orders of stay, except that of the Supreme Court, will expire within a period of six months unless it is extended for a further period for valid reasons in a speaking order.

The judgement leaves a lot of confusion and was issued in violation of some of the basic principles of judicial practice. But somehow as the order exists we can only presume that any order of stay will become inoperative within a period of six months.

A write up on the order is available at https://lawwatch.in/a-stay-order-will-expire-within-six-months/

Dr J C Vashista (Expert) 20 August 2021
Very well analysed and advised by expert Mr. K Rajasekharan, I endorse and appreciate.

Advocate Bhartesh goyal (Expert) 20 August 2021
Yes, said judgement applies and have binding effect on status quo orders also.

Pradipta Nath (Expert) 20 August 2021
Very well analysed by K. Rajasekharan Sir.

PRABIR SAHOO (Querist) 20 August 2021
Thnks Bhartesh Goyal sir and K Rajasekharan sir for your valuable replies.

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