Injunction (authority)
satish
(Querist) 19 June 2012
This query is : Resolved
Please provide Authority on this:
"Merely filing a suit is not to be considered as a stay order till the injunction decided"
Suhail A.Siddiqui
(Expert) 19 June 2012
Need not to get authority since it is procedural law and it required separate application for obtaining injunction order.
Kiran Kumar
(Expert) 19 June 2012
there shall be a clear and separate order to this extent.
if there is no interim order then certainly there is no stay.
ajay sethi
(Expert) 19 June 2012
for case law search indian kanoon website .
it is well settled law that merely filing of suit is not sufficent stay order has to be granted by courts
satish
(Querist) 19 June 2012
Thanks To all
Sir
I am not a law fresher. I am fighting with the system directly for my livilihood. Corrupt officials denying my work just because court case is pending against me (Filed by Govt. Officials).
They are stopping my work, just because suit is pending, however no stay granted by Court after 6 hearings. So, I need a law/authority to refer the officer for official letter.
R.K Nanda
(Expert) 19 June 2012
With injunction suit u have to file an
injunction application also for getting a
stay order by court.
Kiran Kumar
(Expert) 20 June 2012
you need to mention the exact facts.
a lawyman's interpretation with respect to the laws of the land is generally not correct.
either engage some local lawyer or seek some expert opinion here after stating the true facts.
Vishal Gehrana
(Expert) 20 June 2012
You need to mention the facts but whatever I understood, I suggest you to seek a query from d court regarding d status of injunction order in d following manner:
Question: Has d honorable court passed any injunction order in dis case directing d applicant not to do any construction work in d disputed property?
Answer: (by court)
If no injunction as been passed against you, den court will answer in NO. You can now show dis query 2 d people stopping ur work.
Feel free 2 ask more...
Vishal Gehrana, Adv
LL.M Corporate Law & Governance
NALSAR University of Law.
dev kapoor
(Expert) 21 June 2012
Dear Satish,
Reading between lines, I hv reached a conclusion that your problem is more of corrupt/biased practices in the office which is not favorably functioning.You are right.In practical life,it does happen.Govt or the concerned Department get an excuse for Not going on with their required duties,on the ground that 'a suit' or a 'writ petition' has been filed.They start avoiding many required/lawful functions/acts on this excuse , no matter there is no 'injunction' or 'stay' from the court.
As a`matter of Law a "Suit" can be filed under any provision of a particular law (including the Specific Relief Act) and ,if there,is no such provision in that particular Act/Law,interm INJUNCTION can be had by the Plalintiff by filing a SEPARATE application under O:39 CPC."Stay" is granted by the H/C in a Writ Petition in a Misc application.Principle in both the situations is the SAME.The idea, however, is to RESTRAIN the Defendant/Respondent from doing any Unlawful act till the Court decides the Suit/Petition or till the "interim injunction/stay" is vacated by the concerned Court.Mere filing of a suit,as in your case, does NOT mean THERE is a STAY/INJUNCTION against the defendant from doing 'any lawfulact' and avoiding unlawful one.
As I said herein 'corrupt officials' denyiong your work on the sole ground of your having filed a suit or due to pendency of any suit,short of interim injunction,you better follw what Mr.Gehrana has suggested herein on this Forum.This opinion is more practical.In addition you may send a 'notice' or an application to the concerned official stating that 'as there is No Stay/Injunction from the Court,any lawful action to which the applicant is legally entitled,if stopped on the mere excuse of the suit pending before the court shall amount to corrupt practices & the applicant will have the right to approach the Vigilance Organzation for the same'.A copy of the same can be presented to be filed in the case pending in the court.
chitra gupta
(Expert) 23 June 2012
all the (L)experts have given their views ina very simple ways...specially mr dev kapoor.here i will strongly suggest to lodge complaint against corrupt govt officials with documentary evidences available to the central vigilance commission for its intervention......thanks.
