Process of execution of stay granted by CAT

611 votes

Move High Court of Madhya predesh with petition under 227 Explaining the illegality of the entire episode and how delay darling is effecting officers acting as a demotivator .I feel you have a good case.If you fail before High Court then rush to Supreme Court.I have a gut feeling you will get relief.

Advocate Amit Gaurav LawRato

814 votes

You may file an application for vacating the stay order dated 15.09.2016 and simultaneously you may also file an application for early hearing. however you have to get it checked with the Registry as to whether your case is not listed anytime sooner, other wise your applications will delay the proceeding as they will be listed first.

Advocate Poonam Atey LawRato

936 votes

Hi, if the Applicants have not impleaded the affected parties as Private Respondents, then the OA is bad for non-joinder of neccessary party/s. I assume that you have not been impleaded. Can discuss in detail, the course of action on meeting, if you wish to consult. Thanks

Advocate Nilansh Gaur LawRato

765 votes

We could prefer MA(misc. Application) before CAT,MP for vacation of Stay stating grounds on which the stay vacation is prayed for.
Section 24 of the Administrative Tribunal Act, 1985 deals with conditions as to making of Interim orders. It contains two conditions and its exceptions. Vacation of Stay among other grounds could be prayed on grounds like 1. Adequate opportunity was not given to the opposite party for opposing the application of stay and a proper opportunity was not given before allowing the application for interim stay. 2. that if the stay is not vacated what irreparable loss could be cause to the opposite party.
or else as an alternative a writ petition under Article 226/227 of the Constitution of India could be preferred against the interim order of stay given by CAT if the conditions under section 24 have not been complied of.

Advocate Pulkit Kamboj LawRato

702 votes

Dear Sir,

You should file an application for urgent hearing for vacation of stay stating all the grounds on which you feel the stay granted by the court can be vacated and why is it important for the application for stay to be heard on an urgent basis.

Advocate Dheeraj Gupta LawRato