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

LIVELAW NEWS NETWORK

13 Dec 2023 10:57 AM IST

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

    A 5-judge bench of the Supreme Court is hearing today the reference against the 2018 judgment in Asian Resurfacing of Road Agency P. Ltd. Director V. Central Bureau of Investigation as per which interim orders of stay granted by High Courts and other courts in civil and criminal cases will automatically expire after a period of six months unless the orders are specifically extended.The...

    A 5-judge bench of the Supreme Court is hearing today the reference against the 2018 judgment in Asian Resurfacing of Road Agency P. Ltd. Director V. Central Bureau of Investigation as per which interim orders of stay granted by High Courts and other courts in civil and criminal cases will automatically expire after a period of six months unless the orders are specifically extended.

    The bench comprises Chief Justice of India DY Chandrachud, Justice Abhay S Oka, Justice JB Pardiwala, Justice Pankaj Mithal and Justice Manoj Misra (High Court Bar Association Allahabad v. Union of India).

    It was on December 1 that a three-judge bench comprising CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra referred Asian Resurfacing to a 5-judge bench, after expressing reservations about the dictum regarding automatic stay vacation. Incidentally, on the same day, another bench of the Supreme Court, comprising Justices Abhay S Oka and Pankaj Mithal,also expressed reservations about the judgment.

    The reference arouse out of an appeal filed by the High Court Bar Association Allahabad based on a Certificate of Appeal granted by the Allahabad High Court which raised a set of doubts regarding the Asian Resurfacing judgment. In its judgment delivered on November 3, a 3-judge bench of the Allahabad High Court framed ten questions for the deliberation of the Supreme Court in relation to the dictum of automatic vacation of stay.

    Follow this page for live-updates from the hearing :



    Live Updates

    2023-12-13 05:27:28
    • 13 Dec 2023 11:04 AM IST

      CJI: In Allahabad, the problem is magnified. The same issue was in Karnataka, and larger HCs like Mumbai... it's not the fault of judges. If there are 200 matters on board every day and you have to write some reasons, it is impossible for entire board to be completed.

    • 13 Dec 2023 11:03 AM IST

      Dwivedi: Sometimes, in courts that I mentioned, it is a systemic fault. The judges are overloaded with work.

    • 13 Dec 2023 11:03 AM IST

      Dwivedi: Some times the delays are on account of the fact that accused got an interim order so they take advantage of it. Trials get frustrated, witnesses experience long time memory lapse, the memories fade.

    • 13 Dec 2023 11:01 AM IST

      Sr Adv Rakesh Dwivedi: This is about the automatic vacation of stay not just in criminal matters but also in civil matters across the board. From reading of the first judgement itself it appears that that was a case where against an interlocutory order an appeal could be filed.

      Dwivedi: There was no issue of civil proceedings that arose in that...Nobody can deny that proceedings are being delayed, specifically in certain HCs like the Allahabad HC, Patna HC.

      CJI: That is also what weighed with the judges. Otherwise, stay just continues for decades particularly in larger HCs.

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