how to change bench at delhi High Court

File appropriate application before the CJ of Delhi High Court and request for new bench.

Can you please guide me what application I should file to CJ and what I state  the reason for this.

or can I file a application to same bench as as  I.A.   that since this court's order is stayed by SC in SLP, so that this bench should not hear this case for the interest of justice for both the partied.

The rules differ from state to state.  I am not certain of the rules of delhi.  You can contact your advocate and take his advice on applying for constitution of new bench.  It will not be enough you merely state that the matter is stayed by SC.  You shall frankly say in the application to be filed before the CJ of delhi that the bench has been passing wrong orders and is biased and you lost faith in the bench and seek to form a new bench to hear your case. 

But my lawyers initially Said yes,

but later he told that it may adversely effect outcome against me as I openly blame judge that he is with opponent. and it also that CJ will not accept my request and mark in the case, that I blame the Judge

Because in litigation , always 1 party lost.. then in that case every party who lost, will  ask for new bench and blame that judge is biased and he don't have faith in this judge.

Whats the proper way to change with logically right application under section of laws 

There is no other way out.  Again discuss with your lawyer and ask him to consider the issue of new bench.

Dear Amaz37,

What I could make out from your post is that you are only apprehending an adverse order by a particular Bench and with a view to avoid further such orders you are contemplating or rather strategizing your next move i.e. change of Bench. 

If in case on the previous date for whatever reason the concerned Bench has given some finding/adverse direction  which has ultimately got stayed by the Apex Court ipso facto speaks in volume that even presuming but not admitting in case some partiality ought to have been intended to be caused the same shall or can finally be arrested by the Apex Court.

Your case has three limbs namely pleadings, documents, case law and court craft of the counsel and just because you are personally involved there is a tendency of getting subjective if you have faith in yourself and in your counsel then come whatever may even a biased Bench will not go beyond what is on record.

Hope this clarifies your query.

Thanks and best regards

Daksh