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2013 Supreme(SC) 1157
SUPREME COURT OF INDIA
P. Sathasivam, CJI., Ranjana Prakash Desai, J.
Union of India (UOI) through Secretary, DOPT – Appellant
Vs.
Navendra Kumar – Respondent
SLP(C) .../2013 (CC 20006/2013)
Decided On : 09.11.2013
The court granted an interim stay on the operation of a High Court judgment pending the disposal of a Special Leave Petition and the filing of counter affidavits by the respondents.
Headnote:(A) Civil Procedure - Stay of operation of judgment - Application for Special Leave Petition - Court granted permission to file the petition and stayed the operation of the final judgment and impugned order passed by the High Court in a writ appeal pending further notice. (Para 6)
Facts of the case:
An appeal was filed challenging a final judgment and order passed by the High Court in a writ appeal. The appellant sought a stay on the operation of the said order during the pendency of the proceedings.
Findings of Court:
The court granted permission to file the petition and ordered a stay on the operation of the impugned order from the High Court.
Issues: Whether the operation of the impugned order passed by the High Court should be stayed pending notice to the respondents.
Ratio Decidendi: The court exercised its discretionary power to grant an interim stay on the operation of a lower court's judgment to preserve the status quo while allowing time for the respondents to submit their counter affidavits.
Result: Stay granted and notice issued.
JUDGMENT :
1. Taken on Board. Permission to file SLP is granted.
2. Exemption from filing certified copy of the impugned order is allowed.
3. Issue notice returnable of 6th December, 2013.
4. Dr. L.S. Chaudhary, Advocate accepts notice on behalf of Respondent No. 1.
5. Let notice be issued to other Respondents.
6. In the meantime, there shall be stay of operation of the final judgment and impugned order dated 06.11.2013 passed by the Gauhati High Court in Writ Appeal No. 119 of 2008 in Writ Petition (Civil) No. 6877 of 2005.
7. In the meantime. Respondent No. 1 is permitted to file counter affidavit within two weeks. Counsel for the Petitioner is also permitted to file rejoinder affidavit if he so desires.
8. Both parties are permitted to file additional documents, if any, in the meantime. Respondent No. 1 is also permitted to raise all objections in the proposed reply.
