• Supreme Court stay order on execution

I want to know my options and after Supreme Court decides the case where else respondent can appeal or is it going to be the final judgment?
Supreme court has given a stay order on further proceedings on the execution of NCDRC judgment subject to the appellant depositing the entire principal transferred to be refunded to the respondent within three weeks from today..It is needless to observe that if the said principal amount is not deposited by the said period, the interim order shall stand vacated automatically.
I will like to know if the said principal amount to be refunded will be deposited in the Supreme Court?
And is there any other appeal process after the Supreme Court judgment.?
Asked 2 years ago in Property Law
Religion: Hindu

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15 Answers

SC judgment is final and binding on

parties 

 

2) it is necessary to peruse order passed by SC to advice further 

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

- Article 137 of the Constitution provides that subject to provisions of any law and rule made under Article 145 the Supreme Court of India has the power to review any judgement/order pronounced by it.

- Hence, if you are not satisfied with that passed order , then you can move a Review Petition before the Supreme Court. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

The interim order will be vacated so you can proceed further in Lower court if the amount is not deposited.

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

Dear client,

Yes, you can file appeal against order passed by Supreme Court in United Kingdom. You will have to file an application to Supreme Court itself where a "Appeal Committe" where there are 3 Justices of Supreme Court and they will decide whether to grant permission for appeal or not.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

If the SLP fails and dismissed on merit then deposited amount shall be liable to be refunded. Supreme court order is final and no other remedy of further appeal is available. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

There as to be an end for everything.

Therefore the judgment passed by the supreme court will the end of the litigation.

There is no provision in law to appeal against the supreme court judgment though a review petition can be filed which will again depend on the court to entertain it or not based on the facts highlighted convincingly on the grievance on the judgment delivered.

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

Refund to party. No appeal lies.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Engage lawyer now .dont wait for official  communication 

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

- The information by the Supreme Court is not necessary , and hence you should not wait for the same 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

You will not get any communication form Supreme Court the same will be send by the lawyers. You can yourself inquire the same

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

Dear client,

The Supreme Court has issued a stay order on further proceedings regarding the execution of the judgment by the National Consumer Disputes Redressal Commission (NCDRC). This stay is conditional upon the appellant (the party appealing to the Supreme Court) depositing the entire principal amount to be refunded to the respondent within a specified timeframe (three weeks in this case). If the appellant fails to deposit this amount within the given period, the interim stay order will be automatically vacated. Typically, the deposited principal amount would need to be submitted to the court or an escrow account specified by the court. Usually, the Supreme Court would provide instructions regarding the specific procedure for depositing this amount. If the Supreme Court has issued a judgment, generally, there might be limited options for further appeal. However, in certain circumstances, if there are legal grounds (such as constitutional questions or exceptional circumstances), a review petition might be filed in the Supreme Court itself. Beyond that, very few options exist and would require a highly specialized legal approach.

While awaiting an official communication from the Supreme Court regarding the stay order, it's sensible to consult a lawyer sooner rather than later. Waiting for the official letter might not be the best strategy, especially given the critical time frame mentioned in the stay order. Lawyers can track developments in the case and guide you on the necessary steps to be taken. If the appellant fails to deposit the principal amount within the specified period, as mentioned in the stay order, the interim order will be vacated automatically. In such a scenario, you might be able to proceed with further actions in the lower court.

You can reach out to us for further assistance

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

You should engage lawyer immediately to keep a watch and also to avoid any adverse order. Do not wait. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

It is not necessary that you wait for the notice to be sent by supreme court, hence to avoid delay in taking timely action for your relief, you may first approach a lawyer at supreme court and file vakalatnama so that the honorable supreme court would be able to inform your counsel before passing any orders in this regard.

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

You should avail the services of a lawyer and if you are the respondent in the matter before the Supreme Court, you should immediately appear through a lawyer and file your Vakalatnama.


Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You are free to press for payment before NCDRC in the execution case incase the appellant does not deposits the money within the time stipulated by the supreme court. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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