Can stay orde be given on the judgement of the ncdrc

801 votes

The builder can approach supreme court and try to obtain a stay.proceedings in supreme court are exparte unless a caveat petition has been filed.If a caveat has been filed , the proposed respondent will get a chance to appear and oppose the petition itself as well as stay of order challenged before supreme court.

Advocate Dr.Nirmal Chopra LawRato

988 votes

Dear sir, in the instant case the other side can approach the supreme court of India by filing civil appeal and can seek stay of the order of ncdrc. The order to return the amount of Rs. 9 lac can also be granted by the supreme court, though the same is generally not granted at the admission stage, but after notice stage.

Advocate Ranjay Kumar Dubey LawRato

665 votes

The Commission works under the hierarchy of Courts. Any order of NCDRC can be challenged in Supreme Court but that has to follow the procedures laid down by the law. It is hard to tell whether an order is appealable with merits or not without looking at it, in any case all the orders of NCDRC can be appealed in Supreme Court if they have a reasonable grounds to challenge the final Order.

In your case Builder can approach Supreme Court against the NCDRC order and ask for stay on payment of Rs. 9 lakh to you and any other remedy which can benefit the builder in any manner.

Advocate Navodaya Singh Rajpurohit LawRato