Live Law
2023-12-13 06:42:53.0
Sr Adv Amit Pai: The genesis of my matter is a classic example of problems of Asian Resurfacing. This is a criminal trial. These are advocates appearing for the accused who have been roped in as conspirators with accused.
Pai: I secured a stay in HC in 2014. Matter doesn't come up. The stay now stands vacated by order impugned before your lordships only on the ground of Asia Resurfacing.
Pai: Judicial discretion is the essence of the adjudicatory process. Asian Resurfacing has completely taken away that discretion that HC has exercised in respect of giving interim order.
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