1. Since the imterimstay is not extended anymore the lower court can proceed with the trial.

2. Hence you will have to either extend the stay order or get the matter finally heard by the high court.

3. Your lawyer is not right. Since it is not extended further on its expiry it can never be deemed to have been extended.

4. So file an application of extension of stay or f it is already filed then mention the matter for its hearing.

1) interim stay continues only till the extended date

2) if stay is not extended lower court can proceed with trial

Now it is too late to change the name and it is not damaging either. I do not think you would succeed in the high court .

You can not take the plea of non service of summons on this ground.

you should file an expedite application before the high court for expedite hearing of case. when proceeding is stayed by the high court then lower court has no power to vacate it because it is not in its jurisdiction.

every time your case brought on list and again listed for next cause list this stay is automatically extended till the further order of the court.

Satpal and others vs chunni lal (2004) 9 SCC 622 : when proceeding is stayed by the high court then lower court has no power to vacate it because it is not in its jurisdiction.

1) you can mention in your reply and during arguments that statutory notice was not received by you

2) court may not allow change of name at final stage of arguments .

1. No. Stay is deemed to have expired from the particular date up to which it was granted unless the same is extended by the said Court.

2. Since the said stay order has been expired, the lower court shall proceed on the matter.

3. You can file a fresh application for granting of the stay afresh by the High Court.

1. It all depends o the court whether it will allow change of the name of the accused at the stage of argument or not since three courts have possessed two different views.

2. Either get the stay afresh from the high Court or get prepared to face the case on its merit.

If the interim stay has not been extended, it may be infructuous.

If your high court lawyer says that it will be deemed to be pending, ask him to give a letter stating the case is pending before high court.

Your high court lawyer wont give it in writing, because he will be caught for misguidance or wrong information.

You have to struggle to bring the matter in the list.

The trial court will not accept the pendency in high court as a stay extended.

As my name and my father's name is mentioned wrongly, can it be presented strongly that I did (could)not receive the statutory notice (which infact I didn't). Can the complaint be allowed to change my name at the stage of arguments?

If your name is wrong in the complaint then there is no complaint against you.

Therefore you strongly object to the complaint against you

The complainant cannot seek to change the name by an amendment without any valid reason.

1. On what basis do you say 'the interim stay expired long ago'? If interim stay is deemed to be alive unless vacated specifically by the court.

2. The orders passed by the HC are required to perused to ascertain if the stay is still pending or not.

If the case is at the stage of argument then it is too late in the day now to allow the complainant to change the name.