Indian Supreme Court lays down guidelines for grant of Interim stay

In a welcome move the Supreme Court has laid down guidelines regarding grant of interim stay in an attempt to prevent protracted litigation in civil disputes. A bench headed by justice Dalveer Bhandari issued the guidelines in the wake of increasing number of instances where parties who obtain a stay in their favour, file “frivolous” applications to delay the proceedings. The court’s direction came while it decided a petition filed by a woman who has been fighting a 40-year-old property dispute that was started by her husband and his brother. The bench slapped a fine of Rs. 2 lakh on the petitioner for filing a “frivolous petition” before the Delhi high court to delay the case. Due to the petition, the petitioner had managed to stall the eviction suit pending against him before the trial court for more than a decade.

The SC bench observed that the courts should be cautious in granting interim injunctions or stay in the absence of the opposite party. Short notice should be issued to hear both the parties and then pass suitable biparte orders.