What is the procedure to take stay order from court
11-Apr-2023 (In Civil Law)
To obtain a stay order from a court against an order of the Municipal Corporation in India, the following steps may be taken:
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Draft a petition: A petition needs to be drafted explaining the facts of the case and the grounds on which the stay order is sought. The petition should be signed by the petitioner or their advocate.
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Filing the petition: The petition should be filed in the appropriate court having jurisdiction over the matter. The court fee as applicable should be paid at the time of filing. The amount of court fees will depend on the value of the dispute.
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Serving notice: The court will issue a notice to the respondent (in this case, the Municipal Corporation) asking them to respond to the petition.
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Hearing: The court will conduct a hearing where both parties will be given an opportunity to present their case. The court may also ask for additional documents or evidence to be produced.
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Decision: After considering all the facts and evidence, the court will make a decision. If the court is convinced that a stay order is necessary, it will issue the order. The stay order will direct the Municipal Corporation to refrain from taking any action until the matter is finally decided.
The cost of obtaining a stay order from a court against an order of the Municipal Corporation in India will depend on various factors, such as the nature and complexity of the case, the court in which the petition is filed, and the fees charged by the lawyer or law firm engaged for the purpose.
Typically, the costs involved may include court fees, lawyer's fees, expenses for documentation, and other miscellaneous expenses. The court fees will vary depending on the nature of the case and the amount of relief sought.
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