You can file civil suit for temporary injunction to stop construction on property praying temporary injunction. Court if satisfied with the facts of the case can grant injunction to stay any activities and stopping party from alienating, selling, disposition etc of property until further orders or directions.

How can I get a stay order on my property in India?

Hire a lawyer and approach the court with an application requesting a stay order on your property. Along with your application, attach documents such as property papers, identification proof, and FIR along with the application. Mention the reason and nature of stay you are seeking.

How long does it take to get stay order in India?

As per the Indian legal system, stay order means to temporarily stop a judicial proceeding by the court’s order. A stay order means the action against which the stay order has been issued, will not be operative for a specific period of time. It is issued to safeguard the rights of one party from the party against whom a stay order has been issued by the court if found necessary.

But how much time it takes to get stay order from court? Well, to attain a stay order, it has to be established prima facie by the applicant that the order is urgently required as the circumstances mentioned by the applicant are possible while the case is pending in the court. It also has to be proved that the proceedings can be complicated further if not stayed while the matter is subjudice.

You need to approach the court with all the documents of the property along with a copy of FIR and an ID proof to attain a stay order. If the court is satisfied prima facie, the stay order can be issued immediately. Sometimes, it can take from 7 to 21 days. Book Best Packers & Movers with Best Price, Free Cancellation, Dedicated Move Manager Get Rental Agreement With Doorstep Delivery, Super Quick & Easy This is third This is third This is fourth This is fourth This is fifth This is fifth This is six This is six This is seven This is seven This is eight This is eight

How can I remove stay order from property in India?

Property cases are among the highest filed cases in India. The property disputes among families, neighbours, landlords and tenants, builders and buyers, etc. are unending. The conflicts can sometimes prompt the court to put a stay order. The stay order on property can be temporary or permanent.

If you have been served with a stay order by the court and you want to remove it then you will have to do the following: Hire legal services or consult a lawyer. You will have to file an application in the court to remove the stay order. The application can be filed in the same court which has granted the stay order or you will have to approach the higher court. In case the stay order has been granted without hearing your side then it is likely that the order is temporary in nature If the stay order has been granted after hearing both the parties then it is likely that the matter is unresolved and till it gets resolved, you have been served this notice. You can challenge the stay order on property in the court or approach a higher court challenging the decision.

If you don’t act timely, you will lose your possession or control over the property. I hope this clarifies how to remove stay order on property. Read here: What is stay order What is the procedure to get stay order on property

How much does it cost to get a stay order?

Procedure to get a Stay Order form the Court Online in India Just like the lock and key, stay order serves as a modern device for a pause in the Indian Judiciary system. To know more about this “lock and key”, read the article as follows! Stay order meaning – It simply means that the party against whom such an order is issued is prevented from taking further actions in relation to the subject matter pending the occurrence of an event or a determination of a suit.

So, till a stay order is in action, the operation of the Court’s proceedings is made standstill, and the party who seeks it can cause the operation of the other party (against whom the order is given) to cease. Stay order on the property – It is a temporary injunction on a property where the concerned property is being damaged or alienated or has been wrongfully sold in other cases where an opposite party is threatening to dispose of property or property is under dispute.

It is granted by Court as per order 39 of CPC. Stay order on land – This is a very common phenomenon in an agriculture-based country like India. Similar to stay order in property, stay order inland means a temporary injunction on the use of land. This usually happens when the land is disputed or the owner is not determined or any illegal or immoral practices occur in the land.

Online stay order – it is just like a normal offline stay order. It is just the mode of applying that change. The procedure to procurer stay order and the documents required, as we shall read here later, remains the same. Only the mode changes to the online method. Benefits- The time required to get a stay order may vary anywhere from 7-21 days.

So the obtaining it may be easy and it may be beneficial if used in true moral spirit. However, a time limit must be fixed for such an order, without which, it may act as a fatal disease to the Indian Judiciary system. Stay order, if kept for too long, delay the proceedings and thereby justice.

1. The dire need to manage the issue of delay in the justice delivery system cannot be denied and is required to be taken seriously not only by the system but also by the lawyers.
2. Till the time the accused is shielded with the stay order, he can easily hamper with the evidence and witnesses of the case, thus negating its free trial.

However, the time limit for a stay order is determined, which was much needed. In cases where a stay is granted in the future, the same will end on expiry of six months from the date of such order unless a similar extension is granted by a speaking order.

For the stay order procedure, we need to approach the Court with proper documents of the property. Documents required for stay order include an FIR copy and ID proof along with the other relevant documents for the particular cases. In case of the stay order on the property, proper documents of the property are needed. In order to get a stay order on arrest, a copy of the FIR is required under section 482 in the High Court and a copy of the charge sheet. Three things must be proven-

If the stay order is not granted, it may cause irreparable damage to the appellant or it may make the judicial proceedings complicated. The application has been made without undue delay The security has been given by the appellant for the due performance of such decree of or as may ultimately be binding upon him.

If the proofs are prima facie correct, the stay order may be granted. If the Court doesn’t grant the stay order, one can always appeal to the higher Court.

The procedure to get a stay order from the High Court has the same procedure as any lower Court. Every Court has inherent powers to temporarily suspend the proceedings in any action where the plaintiff is in default or has disobeyed any lawful order of the court.

The balance of convenience does not favor the alleged violator The stay order does not cause irreparable harm or injury There should be a prima facie case for granting the stay order

Stay Order Instances A stay order may be made in the following cases-

Against a sale(Order 21, Rule 59) Against a Corporation(Order 30) The suit involving a minor(Order 32) Inter-pleader suits(Order 35) Summary suits(Order 37) In case of a reference to the High Court(Order 46)

How Much Does a Stay Order Cost? The cost of filing the suit and stay petition may cost anything between Rs.40K to Rs.80K depending on the charge of the lawyer engaged. However, it is certainly worth it if the stay order decree is passed and the appellant is at a benefit.

Conclusion This article gives an overview of the stay order, its meaning, benefits, procedure, stay order on the property, stay order on land, online stay order, how to get a stay order, cost of a stay order, minimum requirements, instances of it and moreover how can help in the process. It may have certain benefits if done in true spirit.

However, as is frequently said “Justice delayed is justice denied”, the time limit for a stay order should be strictly followed so as to render justice in its true sense. T he author of this beautiful article is Ms Ipsita Guha, BALLB, 2nd year student.

Is it easy to get stay order?

The procedure is not that complicated. Here you go: Approach the court with an application through a lawyer to request a stay order on your property. Attach necessary documents such as property papers, identification proof, and FIR along with the application.

Who can issue stay order?

Defining a Stay Order – A stay order is a temporary act of stopping or postponing the use of a property or land until a verdict is reached A ‘stay’ or ‘stay order’ is defined as the act of temporarily stopping or postponing any judicial proceeding through the court or legal authorities in India, in order to secure the rights of a citizen.

It could lead to the suspension of a case, or even the suspension of any specific proceeding within an ongoing case. In the case of any key development that may require it, a judge may decide to issue a stay order without even formally prompting the other party or even a request being made to them in this regard.

There are two types of stay orders – ‘stay of proceedings’ and ‘stay of execution’. A stay of proceedings, as mentioned in the scenario above, is issued by the court in case there are parallel proceedings that take place, and which may affect either one.

When can a stay be granted?

Introduction – Stay order under the Indian legal system is the act of temporarily stopping or suspending a judicial proceeding by order of a court. A judge may grant a stay on the actions of one party to the case when it is necessary to secure the rights of the other.

A stay order means that the action which has been stayed would not be operative from the date of the passing of the order, but it does not mean that it will be wiped out of existence. Also, when a stay order is passed the status of things at the issuance of the order remains the same until the order is valid or decided by a judge.

Every court has been given the inherent power to temporarily suspend the proceedings in any case where the plaintiff is in default or has disobeyed any lawful order of the court. Proceedings can stay absolutely or conditionally. Read Also –

How do you avoid construction stay orders?

You can file a caveat petition in the court having jurisdiction where the property is situated so that in case your neighbours file a suit and seek stay on construction, court will notify you. You may consult us for legal services.

What happens after a stay order?

If the stay order has already been passed by the court and the same is not being followed then you can file a case of civil contempt against the contemnor in the High Court.

What is stay order in civil case?

A stay of proceedings is a ruling by the court in civil and criminal procedure, halting further legal process in a trial or other legal proceeding. The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered.

How long does it take to remove stay order?

Stay orders passed by high courts and subordinate courts expire in six months, unless extended for good reasons, the Supreme Court has ruled. Tribune News Service New Delhi, October 17 Stay orders passed by high courts and subordinate courts expire in six months, unless extended for good reasons, the Supreme Court has ruled.

The latest order comes in a case from Pune wherein an Additional Chief Judicial Magistrate had in December last asked a complainant to approach the Bombay HC for resumption of trial that had been stayed by the HC.

“The trial court is, on the expiry of the first period of six months, to set a date for the trial and go ahead with the same,” it said. In 2013, the Supreme Court had said that “in cases where the stay is granted in future, the same will end on expiry of six months from the date of such order unless similar extension is granted by a speaking order.” It had said, “The order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalised.

How do you execute a stay order?

Order-21 Rule-26: ‘When Court may stay execution-(1) the Court to which a decree has been sent for execution shall, upon sufficient cause being shown, stay the execution of such decree for a reasonable time, to enable the judgment-debtor to apply to the Court by which the decree was passed, or to any Court having

How do I write an application for a stay order?

Stay Application in Appeal under Order XLIII of Civil Procedure Code. A separate stay application can be filed to seek stay form the higher court while filing appeal under order xliii of Civil Procedure Code. As per Order XLIII of CPC an appeal shall be from the following orders under the provisions of section 104.

• APPLICATION UNDER SECTION 151 OF CPC FOR GRANT OF STAY
• TO, THE HON’BLE CHIEF JUSTICE AND HIS COMPANION JUDGES OF THE HON’BLE HIGH COURT OF DELHI.
• THE PETITIONERS ABOVE NAMED
• MOST RESPECTFULLY SHOWETH:

1. That the opposite party No.1 _filed a suit for permanent injunction in the Court of Civil Judge,_ being original Suit No_, _ v. _with the prayed that the respondent be restrained not to interfered in peaceful possession over the tank in dispute of an area of _ Acres situated in plot No_.

Copy of Plaint is annexed herewith and as Annexure No.1,2. That during the pendency of the suit the opposite party No.1 moved an application for temporary injunction. Copy of the application for Temporary injunction annexed herewith and marked as Annexure No. P2,3. That the _Court on the application of the plaintiff opposite party No.1 appointed a Amin Commissioner to submit its report.

The Amin Commissioner submitted report before the Court below on_ 4. That the appellant-applicant on _ filed the objection against the application of the plaintiff-opposite party moved for the temporary injunction. Copy of the Objection filed by the Applicant is annexed herewith and marked as Annexure P3,5.

That the case of the appellant-applicant is this that he has been granted patta on _ 20_ of an area _ acres of North West portion of plot No._.6. That it is State that the Amin Commissioner submitted its report before the Court below on _20_. The counsel for the appellant-applicant prayed for time for filing objection against the report of the Amin Commissioner submitted on _ but the _ Court refused to grant time and directed both the parties to argue on the said report and after hearing argument on merit reserved the judgment and pronounced the judgment on next day i.e.

_ It is also pertinent to mentioned here that the applicant filed his reply against the application of the plaintiff-opposite party No.1 moved for temporary injunction on _ 20 _.7. That it is stated that the court below relied upon the report of the Amin Commissioner without giving any opportunity to the applicant for filing objection against the same.8.

1. PRAYERS
3. In view of the facts & circumstances stated above, it is most respectfully prayed that this Hon’ble Court may be pleased to:-
4. a) allow this application and stay the operation of impugned judgment and order dated _ passed in Original Suit No_ of 20_ Shri_ v. _ and others pending in the Court of Civil Judge, _ during the pendency of this appeal before this Hon’ble Court;
5. b) Any other relief, order or direction this court may deem fit and proper under the facts and circumstances of this case.
6. THROUGH;
7. COUNSEL FOR THE PETITIONERS
9. New Delhi

Dated: _._.20_

How do I know if I have a stay order?

Stay may be granted on the first hearing of the case without issuing a notice to you. It is called as injunction order. Court issues such order when the prima facie case is in the favour of the plaintiff or the appellant as the case may be.

Can a stay order be Cancelled?

Any stay from court of justice can be removed any time.

What does it mean when a stay is granted?

Stay is an action taken by a court to stop a legal proceeding or the actions of a party. A stay most commonly is issued by a court as a stay of proceedings in order to stop litigation from continuing, and they normally are only temporary. A court will do this for many reasons such as if there is another proceeding occurring that will affect the present one or if a party must do something before the proceeding can continue.

Another form of stay is a stay of execution which halts the enforcement of a judgement or sentence against someone. One more well-known example of a stay of execution is a pardon which governors and the president can make when they believe a person should be excused. A stay may also refer to an automatic stay which is a statutory requirement that a party not pursue some right.

Automatic stays are most popular for bankruptcy where creditors are “stayed” from pursuing payments from the debtor until the bankruptcy proceedings have ended. Compare with injunction,

What if someone violates a stay order?

A. If the opposite party is not following the stay order then ask your lawyer to file a contempt of court petition and move the application as soon as possible. The OPs will be required to file a counter in reply to that and shall be penalized for not following the stay order from the court.

Who can issue stay order?

Defining a Stay Order – A stay order is a temporary act of stopping or postponing the use of a property or land until a verdict is reached A ‘stay’ or ‘stay order’ is defined as the act of temporarily stopping or postponing any judicial proceeding through the court or legal authorities in India, in order to secure the rights of a citizen.

It could lead to the suspension of a case, or even the suspension of any specific proceeding within an ongoing case. In the case of any key development that may require it, a judge may decide to issue a stay order without even formally prompting the other party or even a request being made to them in this regard.

There are two types of stay orders – ‘stay of proceedings’ and ‘stay of execution’. A stay of proceedings, as mentioned in the scenario above, is issued by the court in case there are parallel proceedings that take place, and which may affect either one.

How do I get a stay order on sarfaesi act?

How Do You Defend Your Property From A Bank Recovery Process?

How do you defend your property from a Bank Recovery Process? What are the courts & tribunal and related provisions in law that secures you from exorbitant penal Interests, penalties and gaining you sufficient time for paying your debts? Whom you should contact? When you should contact? How to deal it?

I try to explain the matter little bit brief. In Reality, Most of the people think that Bank Recovery actions are absolutely a process against the borrowers and the borrowers were not be heard with their merits and feel that they are absolutely insecure.

1. Therefore, most of the people surrender unconditionally with the Banks and pleading for sufficient time and agreed to pay the Principle with Interest even it is the highest interest rate in the market along with all penalties.
2. The Branch Manager of the bank is continuously in communicating with you but the legal wing is continuing and sending the SARFAESI Notices in another side.

When you ask what is the necessity of legal notices when you in communicating with the bank regularly? The Bank use to respond that the legal department is totally a different authority and convincing you for a One Time Settlement. When you trust them, they unleash the Recovery proceeding on right time by taking the possession.

• Bank is completely known when they can take the recovery action against the borrowers but you don’t.
• The borrowers are completely vulnerable and suffering without getting sufficient time for paying the debts and cornered with penal interest rate.
• They went through enormous mental stress and subject to harassment during the recovery process and finally end up in losing their property and money.

Bank can initiate their Recovery Process not only in Debt Recovery Tribunal, but also in Chief Metropolitan Magistrate and Judicial Magistrate courts. When Bank is deciding to initiate such process, they will be serving you the Notice under Section 13 (2) of SARFAESI Act, that your account has been classified as Non Performing Asset and demanding you to pay the Principle amount along with the interest within the specified time, normally 60-90 days.

If you are not paying the money within the specified time, you will be served again with 13 (4) of SARFAESI notice and ultimately bank is advancement in taking the possession of your property. When you are receiving a notice under 13 (4) SARFAESI notice, you should rush to Debt Recovery Tribunal immediately without any further delay.

You should file your petition under Section 17 (1) of SARFAESI Act immediately Interim Petition for Stay the Recovery proceedings. You make sure that your petition with all the case facts, all your merits with suitable grounds, than copying some grounds from another DRT application.

You can also consider in keeping an Interim Application for waiver of huge interest by referring the RBI guidelines. Hence you can be heard very carefully by the Tribunal and you may get a better relief. Otherwise, Bank will file the petition under Section 14 of SARFAESI Act before the Chief Metropolitan Magistrate and District Magistrate Court for taking over the physical possession of the property.

The Bank may appoint an Advocate Commissioner through court and advancing the recovery processing for obtaining the physical possession. Because, the provision in Section 13(7) of SARFAESI act allow the Bank to recover the entire costs, charges and all expenses from the Borrower and from the very beginning of NPA to till date.

The SARFAESI Act, knowingly The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act under Section 13, Section 14- Not matter what stages of recovery proceeding, you are still able to protect your property and defend your family. All you required is an Advocate who has better experience in handling the DRT case and damn good knowledge in High Court Writs, whom you can rely for obtaining sufficient time for paying the debt and possible interest waiver.

When you are filing a case in DRT against the Bank your petition, you case number is allotted vide SA number. When Bank is already initiated a case against you in DRT, it will be referred as Original Application number or OA Number. What so ever, you have to ensure you file your Interim Application for stay the proceeding and DRT usually grant the stay against the recovery proceedings with some conditions and you are bound to comply the conditional order and submit a memo before the DRT that you complied the Order and obtain the stay.

1. Otherwise, DRT may not aware that you have complied with the conditional order and dismiss your petition.
2. Any small ignorance at your side may end up in advantage to the bank.
3. So, please be careful.
4. DRT is a Tribunal and they usually not required to follow the civil procedure codes like Honorable courts.

DRT usually expeditiously adjudicating the matters and taking comprehensive decision; obviously not heard the borrower in full and passing orders that may favors the bank usually. There were thousands and thousands of WRIT Petitions recorded in High courts that DRT acted against the principle of natural justice and Hon’ble High court has heard the appropriate petitions and has passed orders by setting aside/ quashing the DRT’s impugned orders.

All you have remember, DRT is not bound to follow the civil procedure code and can make comprehensive decision expeditiously. They are completely a TRIBUNAL and not COURT and you should aware that any small ignorance of your side will be highly advantage to the bank in recovery proceedings. As told earlier, Commonly DRAT is the appellate tribunal for DRT and the Second Appeal for the SARFAESI Act cases.

The DRAT Chennai is appellate authority for all Southern Region DRTs, including DRT I Chennai, DRT II Chennai, DRT III Chennai, DRT I Bangalore, DRT II Bangalore, DRT I Ernakularm, DRT II Ernakularm, DRT Coimbatore and DRT Madurai, As I told, you are free to approach the Hon’ble High Court by filing a Writ Petition when you have significant proof that the DRT/ DRAT acted against the principle of natural justice and plead before court for set aside/ quash the implunged orders by the Tribunals.

• There are thousands of cases laws you can found in the related legal virtual sites.
• No matter what stage is the recovery, i-e, symbolic possession, physical possession, auction, sale, even up to recovery certificate stage, you can defend your property in appropriate Tribunals & Apex Courts and stay the recovery process without believing the oral promise of the bank and obtain sufficient time and get rid of the unethical penal interest.

All you have to do is believe in Law and legal protection in appropriate courts and not believing the oral promises of bank. The purpose of the article is to assist you in the critical stage and guiding you with appropriate remedies during the bank recovery process.

How do you execute a stay order?

Order-21 Rule-26: ‘When Court may stay execution-(1) the Court to which a decree has been sent for execution shall, upon sufficient cause being shown, stay the execution of such decree for a reasonable time, to enable the judgment-debtor to apply to the Court by which the decree was passed, or to any Court having

How do I file an application for stay?

Procedure for filing and disposal of stay petition, if any ; ( iii ) the exact amount of tax, interest, penalty, fine, estate duty or any other sum demanded, as the case may be, and the amount undisputed therefrom and the amount outstanding ; ( iv ) the date of filing the appeal before the Tribunal and its number, if known; ( v ) whether any application for stay was made to the revenue authorities concerned, and if so the result thereof (copies of correspondence, if any, with the revenue authorities to be attached); ( vi ) reasons in brief for seeking stay ; ( vii ) whether the applicant is prepared to offer security, and if so, in what form ; ( viii ) prayers to be mentioned clearly and concisely (stating exact amount sought to be stayed); ( ix ) the contents of the application shall be supported by an affidavit sworn by the applicant or his duly authorised agent ; ( x ), (3) ]

: Procedure for filing and disposal of stay petition