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How to get a stay order vacated


15-Apr-2023 (In Civil Law)
The cooperative tribunal gave a favorable decision to charge maintenance charges as per the rules framed under the cooperative act which is being resisted by the society. The society which is collecting maintenance charges in an inequitable manner without framing any bye-laws for the same, has approached the HC in a WP under article 227 to squash the decision of the tribunal. This is the third WP of the Soc. to financially burden the respondents.I am appearing in person.The Petitioner/society has statutory right to appeal before the Cooperative Tribunal At the hearing society brought up the issue of unpaid dues which was not part of its prayers in the WP. At this, I insisted that the HC decide the validity of the decision of the Tribunal with respect to Art. 227. To this the HC has now stayed the order of the Tribunal until further orders. How do I get the stay orders vacated? Will the matter be decided by the same judge or how do I get a different judge to hear the matter afresh?
Answers (1)

Answer #1
661 votes
File your reply and argue the matter on the next date of hearing... The bench before the Honble High Court may change after summer vacation. Engage a lawyer and put your case in the correct perspective. The validity of the decision by the Society to increase the maintenance will have to be looked into after going through the bye laws.

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