All Stay Orders on Civil or Criminal Proceedings will Automatically Expire within a Period of Six Months: SC

All Stay Orders on Civil or Criminal Proceedings will Automatically Expire within a Period of Six Months: Supreme Court

A bench of Justices RF Nariman, Navin Sinha and KM Joseph of the Supreme Court has reiterated that whatever stay has been granted by any court including the High Court on civil or criminal proceedings will automatically expire within a period of six months unless an extension is granted for good reason within the next six months.

Brief Facts of the Case

  • The Chief Judicial Magistrate, Pune had denied proceeding with the matter stating that it can’t pass any order which has been stayed by the Bombay High Court.
  • The Magistrate stated that the Complainant should approach the High Court to restart the trial by filing an application before the HC.

Observation of Hon’ble Supreme Court

  • We must remind the Magistrates all over the country that in our pyramidical structure under the Constitution of India, the Supreme Court is at the Apex, and the High Courts, though not subordinate administratively, are certainly subordinate judicially. This kind of orders flies in the face of para 35 of our judgment.
  • Whatever stay has been granted by any court including the High Court automatically expires within a period of six months, and unless an extension is granted for good reason, as per our judgment, within the next six months, the trial Court is, on the expiry of the first period of six months, to set a date for the trial and go ahead with the same.
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  • We expect that the Magistrates all over the country will follow our order in letter and spirit. Whatever stay has been granted by any court including the High Court automatically expires within a period of six months, and unless an extension is granted for good reason, as per our judgment, within the next six months, the trial Court is, on the expiry of the first period of six months, to set a date for the trial and go ahead with the same.

Case Name: ASIAN RESURFACING OF ROAD AGENCY PVT. LTD. vs. CENTRAL BUREAU OF INVESTIGATION

Case No. 1577 OF 2020

Coram: Justices RF Nariman, Navin Sinha and KM Joseph

Also Read: While granting Statutory Bail under Section 167(2) of the Code of Criminal Procedure, Condition of Deposit of Amount cannot be Imposed

2 thoughts on “All Stay Orders on Civil or Criminal Proceedings will Automatically Expire within a Period of Six Months: SC

  • Oct 18, 2020 at 2:02 pm
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    This Judgment welcomed by litigants, who aspiring for early hearing of their cases. Most of the Govt departments are in the habit of delaying filing counter in order to vacate the stay. This unhealthy practice n some vested interests put to an end by SC. SC must also see their stay orders got revoked early for resumption of appeal.

    Reply
  • Oct 19, 2020 at 7:46 am
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    A welcome step taken by SC.

    Reply

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