Published on: 12 October, 2022 at 20:46 IST
Court – Supreme Court of India
Citation – State of Mizoram v. Pooja Fortune Private Limited 2019 SCC OnLine SC 1741
Hon’ble Supreme Court of India has held that the Sine Non Qua for grant of Stay are (i) Balance of convenience, (ii) Irreparable harm or injury, (iii) That there is a prima facie case for the cause of Stay.
Para – 9
While granting stay, this Court must consider three aspects-
(i) Balance of convenience
(ii) Irreparable harm or injury
(iii) That there is a prima facie case
Para – 10
Even assuming for the sake of argument that the respondent no. 1-writ petitioner has a prima facie case on merits, there is no balance of convenience in its favour. The respondent no. 1-writ petitioner was running a paper lottery in the State of Mizoram with the same draw machine and with the same drawbacks in violation of the law which it now claims in its favour.
The balance of convenience does not lie in favour of such persons. In case stay is granted, no loss or injury shall be caused to the respondent no. 1-writ petitioner because it will be permitted to run the lottery as per the bid submitted by it.
On the other hand, if the lotteries are not permitted to run, the State will lose about Rs. 20 lakhs daily. There is no way this loss can be compensated by the respondent no. 1-writ petitioner since it is unwilling to furnish any bank guarantee in this regard.
Drafted by – Abhijit Mishra
Key Words – Sine Non Qua, Balance of Convenience, Irreparable Harm.