Sir,received an order frm highcourt bench in our favour with the order saying the needed to be done in 3 weeks,the opp party has not done so... Keeps saying we are gonna appeal to Supreme court... It is gonna be 3 weeks soon & no news about a stay order against ours. My question is.. Do they have to get a stay order against us? & can we file contempt of court against them & will they avoid it by saying we are gonna appeal in Supreme Court(slp) with serial number & does the admission of the case in Supreme Court (slp) equal to getting a stay against a high court bench order ? Thank you.
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1. You are required to file a contempt of court petition before the same bench of the high court after 3 weeks of the date of the said order.
2. Your opposite party is required to obtain a stay order from the supreme court against the said order passed by the high court.
3. In absence of the said stay order the opposite side is required to comply with the order of the high court.
Respected sir, thank you for your advice & if I may ask, as per your answer the opp party cannot avoid the order by the mere say of an appeal / serial number of the admitted slp ( forgive me as I was said that they don't necessarily have to get a stay by the opp party) & how long would it take for them to get admission & a stay via a slp? Thank you
1) if HC order is not complied with within period of 3 weeks nor any appeal filed then you can take out contempt of court proceedings against the the defendant
2) mere filing of appeal is not sufficient . There should be stay order passed by SC
1. The HC order can be challenged through a SLP in the SC, but nobody can refuse to comply with the order on the pretext that he is going to challenge it. UNless the order is stayed by the SC it has to be obeyed.
2. File contempt petition against them.
1. Just filing an appeal against the order does not entitle the opposite party to claim stay on the order appealed against.
2. In the said event, their advocate should have prayed before the High Court to stall enforcement of the said order for a certain period to enable the opposite party to approach the supreme court against the said order.
3. Admission may take one moth if the pursue it properly and you do not know whether the SLP will have any merit to obtain a stay order from the Supreme Court against the High Court order.
My question is.. Do they have to get a stay order against us? & can we file contempt of court against them & will they avoid it by saying we are gonna appeal in Supreme Court(slp) with serial number & does the admission of the case in Supreme Court (slp) equal to getting a stay against a high court bench order ? Thank you.
Until there is no stay of operation of the judgment made by the court by the appellate court, beyond the stipulated the decree holder may file an execution petition to execute the order/judgment. Mere filing of SLP before supreme court cannot be considered as stay.
Respected sir, thank you for your advice & if I may ask, as per your answer the opp party cannot avoid the order by the mere say of an appeal / serial number of the admitted slp ( forgive me as I was said that they don't necessarily have to get a stay by the opp party) & how long would it take for them to get admission & a stay via a slp
What is your botheration about the time taken by them to get their SLP admitted by supreme court.
Even if the SLP is numbered until there is no stay of operation of the lower court order by supreme court, you need not wait for executing the lower court order.
1) it would take them around a month or so to obtain court orders for stay of orders passed by HC