• Regarding challenging the order after its compliance

I have received an stay order from. Civil judge for reinstatement of my services against invalid termination. 
Though the company have complied to the court order and have reinstead me in job ,now the company has moved up in ADJ court after 6 days of compliance in an appeal against the stay order ,also they have not mentioned in appeal that they have re-instead me in the company . 
Is such appeal is valid in the court of law
Asked 6 years ago in Civil Law

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15 Answers

Appeal is valid, till no stay granted by ADJ court, company is bound to honor court order. Submit before ADJ court that, you have been instated in compliance of lower court order hence, appeal is in fractious. 

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Yes the appeal is valid as they have already reinstate you and it's their right to file an appeal if they feel aggrieved by lower court order. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

No. Once they have complied with the order they will not be able to take a stand against their own actions.

Mayank Sapre
Advocate, New Delhi
256 Answers

In this situation, you can argue that this appeal has become infructuous as they have complied with the order. 

Mayank Sapre
Advocate, New Delhi
256 Answers

Appeal is valid. Appeal does not operate as a stay of the order appealed until appellate court grant a stay on that order.

 

 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Yes they have right to appeal.  It's valid. You can inform the court about the facts they have concealed in your reply to their appeal

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

1) appeal can be filed after compliance of order by the Appellants 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Appeal is valid and can be filed by Appellants after compliance 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Appeal is valid.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

See if they have accepted the order and then challenged it, though the appeal is valid but the ground can be taken that company itself has accepted the order and therefore the appeal may be rejected. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See already reinstated the order is complied with then in that condition order of stay is of no use.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

appeal is valid, request court for not to grant further extension of stay as you already reinstated.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Yes the appeal is valid

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Appeal is valid. Share the details of the case and ground of appeal for a more concrete advise 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes appeal is valid. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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