SUPREME COURT OF INDIA LAW INSIDER IN

Stay order Passed by High Court and lower courts expire in 6 months, Supreme Court clarifies

By LI NETWORK-

Supreme Court while deciding a Plea clarified that Stay orders passed by high courts and subordinate courts expire in six months, unless extended for good reasons.

Supreme Court Bench headed by Justice Rohinton F Nariman. said, “Whatever stay has been granted by any court, including the high court, automatically expires within a period of six months, and unless extension is granted for good reason, as per our judgment,”.

Bench added,“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,”.

Supreme Court observed,“The order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalized. The trial court where order of stay of civil or criminal proceedings is produced, may fix a date not beyond six months of the order of stay.”