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Sanskriti Tiwari   17 December 2023

I think the query is ‘the difference between injunction order and stay order’. Both the terms serve distinct purposes before the Court.

An injunction order is a court directive that restrains a party from doing certain acts or mandates specific actions to prevent irreparable harm. It can be either temporary (interim injunction) or permanent, depending on the circumstances. Section 36 of the Specific Relief Act, 1963 governs injunctions, emphasizing the court's power to grant both temporary and permanent injunctions.

On the other hand, a stay order is issued to suspend or halt the proceedings in a case temporarily. It doesn't necessarily involve restraining actions but puts a pause on the legal process until a further decision or hearing. The authority to issue a stay order has been derived from inherent powers of the court, however, it is to be noted that their application and specifics may vary based on the facts and circumstances of each case, and legal interpretations may evolve over time.


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