Stay order

Hello Shayamlal,

I have reviewed your query and understand your concern regarding vacating the ex-parte stay order in the High Court. Here, I would like to offer you some advice that might help you.

Firstly, I would like to let you know that a party can apply to the court to vacate it if there is an ex-parte stay already granted against him if they can demonstrate that the order was obtained through suppression of material facts, fraud, or misrepresentation. This has been mentioned under Order 39 Rule 4 of the Civil Procedure Code, 1908 (CPC). If there was a failure on the plaintiff's side to fulfill the conditions or if there is any change in the circumstances after granting the stay, the court will surely look into it.

Here, I would like to provide you with the steps that you can follow to vacate the Ex-parte Stay.  

1.     You can consider drafting a well-reasoned and structured application clearly stating the facts of why the stay should be vacated. I suggest you clearly mention the instances of suppression, fraud, or any changes in the circumstances.

2.     You can also argue that the plaintiff doesn’t have a prima facie case, the balance of convenience is in your favor, and continuance of the order will cause irreparable harm to your interests.

3.     You can also bring to in attention of the court if the plaintiff is failing to disclose anything that is essential to the case.

Referring to the cases of A. Venkatasubbiah Naidu v. S. Chellappan & Ors., (2000) 7 SCC 695, Morgan Stanley Mutual Fund v. Kartick Das, (1994) 4 SCC 225, and A.V. Papayya Sastry v. Govt. of A.P. would be a really great idea as in these cases, the respective courts have made decisions that are surely going to make some strong points for your side of the case.

I hope I was able to make things clear for you. If you need further clarifications, then please feel free to drop me a text on LinkedIn.

Thank You.