It's applicable to both sides. Civil judgement is also applicable to criminal cases
Applicability of SC judgment on Civil Case
Judgment cited: Asian Resurfacing of Road agency vs. CBI (Misc Application 1577 of 2020) Our case in Pune, R.C.S 1710/07, was stayed by Bombay HC in 2015 pending outcome of WP 9219/13. No hearing has occured in WP 9219/13 since Mar 2014, and no bench/judge has been assigned since Sep 2017. Can the SC judgment restart RCS 1710/07? Advice we are getting is that the SC judgment is applicable only to Criminal trials (though para 35 states "Civil or Criminal").
Asked 2 years ago in Civil Law
9 Answers
Judgment is applicable to both civil and criminal cases
we consider it appropriate to direct that in all pendingcases where stay against proceedings of a civil or criminal trial is
operating, the same will come to an end on expiry of six months from
today unless in an exceptional case by a speaking order such stay is
extended. In cases where stay is granted in future, the same will
end on expiry of six months from the date of such order unless similar
extension is granted by a speaking order. The speaking order must
show that the case was of such exceptional nature that continuing
the stay was more important than having the trial finalize
The SC judgment is applicable to all cases whether civil or criminal. File an application for vacating the stay order granted by the court.
Would the process be through a Precipe? Is there a way to make the judge/magistrate rule on the request? Or can judge sit on the precipe/request forever? If he rules against it, what is our recourse? Misc application in Supreme Court again? Or principal district judge, or Bombay HC?
Asked 2 years ago
Yeah correct. He has to order on that. Either reject or accept it. Ifhe does nothing then approach the high court so that it may order the lower court to take a decision on the matter.
If he rules against it he has to give reasons for that. He cannot do that as it is an order of the Apex court. He will be in contempt. File a contempt application against him in tge high court.
Appeal to higher court
File precipe to place the matter on board for directions
request the court to vacate the stay in view of SC judgment
Dear Querist
Immediately file an application before the trial court and demand to start the proceedings as per law, the stay granted by the HC is no more, after expiry of six month and without any standing order that order is now automatically vacated.
If the RCS case is pending trial quoting that the writ petition in this connection is pending, then you may see that in what way this writ petition is connected to the pending RCS case, and if the reasons stated are irrelevant, then you may file a revision petition before high court seeking direction to the concerned court to conduct an expeditious trial of the pending RCS case as there is no relevancy to the reasons they state owing to pending writ petition.
Precipe in legal terminology means:
1. a written request, addressed to a court, for a writ to be produced, specifying what the contents of the writ should be
2. a writ instructing that a given action be taken, or demanding a reason for failure to take the given action;
Your matter is pending before sub ordinate court and not before high court, hence you may better get an order in writing by the trial court stating that as the matter is pending before high court thorough a pending WP, hence the case is not taken up trial. After that you can approach high court with a revision petition seeking direction to conduct trial of the case irrespective of the pendency of the writ petition.provided the writ petition is irrelevant to the present case.