Process of execution of stay granted by CAT
23-Feb-2023 (In Civil Law)
Stay granted on 15.9.2016 against holding of Departmental Promotion committee of Central Bureau of Narcotics (CBN), Gwalior on vague grounds, in the interest of ineligible officers. Stay not vacated even after filing a detailed REJOINDER by CBN. Many times case is listed but not heard, causing suffering to a large section of officers. Pls guide.
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.
What is injunction stop order?
Injunctions are court orders that require a person do something or stop doing something. Injunctions come in three different types: permanent injunctions; temporary restraining order and preliminary injunctions. The temporary restraining order (TRO) is a type of equitable injunction.
How long is an injunction valid?
Injunctions permanent or perpetual may be issued by the court at the conclusion of a case as part of its final judgment. They usually prohibit (or require) the act or acts specified permanently or as long as relevant circumstances exist.
What is the remedy against injunction order?
A party who violates an Injunction and disobeys it may have his property attached. He can also be held in a civil prison for up to three months. The attachment made under this rule shall not be in effect for more than one year.
What can you do against an injunction?
You can file motions at the court. You can threaten sanctions (if the other partys claims or defenses do not have evidence or are made in bad faith) You can submit interrogatories. You can go to court and win the case on technicalities.
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.
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
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.
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.
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.
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.
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