Automatic Stay Vacation - Reference Against 'Asian Resurfacing' : Live Updates From Supreme Court Hearing

Judgment reserved.

The court has risen.

Pai: The intent is ofcourse good- it is to prevent delay in trials and promote speedy trials. But there is no specific...as Mr Dwivedi argued.

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.

Sr Adv Vijay Hansaria: I appear for Guwahati HC Bar Association. We are supporting both Mr Dwivedi and SG. Wherever limitation is provided it is on the litigant and not upon the court.

SG: For example in IBC, Arbitration Act etc the right to file appeal goes after a time frame. Because of the overall scheme of the act, the intent of legislation etc. Because there is one focused area that court examines. This is too wide an area- it can be civil, criminal, appeal, 482...

SG: After 6 months, the case will not become weak. It would remain strong unless heard. Balance of convenience will not tilt just because 6 months passed. Injury also...

SG: Whenever a timeframe is stipulated, it's always for the competent legislature to do.

SG: There is a CB judgement - Raza Bulland Sugar Company v Municipal Board of Rampur. The judgement says nothing can be done behind the back of or in absence of the litigant.

SG: Indore Development Authority judgment has recognised the principle of "actus curiae neminem gravabit" - the act of the court can prejudice noone.

SG: The 6 months period- the judgement takes away the discretion of the HC to say that the stay would go till a particular period which is beyond the reach of application.