members of LCI
Kindly distinguish the category of Injunction order and Stay order?
Suchitra. S (Advocate) 20 November 2010
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.
s.subramanian (senior partner) 20 November 2010
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.
Suchitra. S (Advocate) 20 November 2010
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.
Tenzin Namgyal (Advocate) 20 November 2010
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.
Jayesh Bheda (Advocate) 20 November 2010
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.
valentine thakkar (advocate) 20 November 2010
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.
Moulali Shaik (Advocate) 17 January 2013
I agree with the opinion of Mr.Subrahmanian and Tenzin Namgyal.
Mukesh Kumar (Advocate SC & Delhi HC) 01 December 2013
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.
Sree (na) 22 February 2014
Dear Suchitra and Takkar, plz do not mislead........
Brahmbhatt YJ (Legal Practice) 25 April 2016
An injunction is an order of the court compelling a person to do or not to carry out a particular action. They are of various types:
An order of stay indicates stoppage, arrest or suspension of judicial proceedings. Among various other uses, an order of stay is primarily passed against execution (putting the decree into practice) of a decree (an adjudication determining the rights of the parties). A stay is made against execution of a decree to enable the judgment-debtor (the one against the interests of whom the decree has been passed) to appeal to an appellate court against such a decree (Order 21, Rule 26; Order 41, Rule 5 the CPC, 1908). Such an order prohibits commencement of any proceeding for execution of the said decree.
An order of stay of proceedings may also be made against a sale (Order 21, Rule 59), in a suit against a corporation (Order 30), in a suit involving a minor (Order 32), interpleader suits (Order 35), summary suits (Order 37), in case of reference to a High Court (Order 46). An order of stay of proceedings is available to the Civil Courts by virtue of their inherent power under Section 151 (?) as well as to the Supreme Court and the High Courts.
As has become clear from the above :
(Subhash Kumar v. Sheo Balak Singh, AIR 1975 Pat 307; Tribakro v. Sampatrao, AIR 1933 Nag 153).