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K. M. JOSEPH, HRISHIKESH ROY
Asian Resurfacing of Road Agency P. Ltd. – Appellant
Versus
Central Bureau of Investigation – Respondent
ORDER
1. Application for impleadment is allowed.
2. We have heard Ms. Sakshi Kakkar, learned counsel for the applicant, as also Mr.Vikramjeet Banerjee, learned Additional Solicitor General.
3. In the application for clarification, we pass the following order:
4. The applicant seeks clarification that the order passed by this Court in Asian Resurfacing of Road Agency Private Limited and Another v. Central Bureau of Investigation (2018) 16 SCC 299 would apply to the facts of the applicant’s case. It must be noted that the applicant is writ petitioner before the High Court. Learned Single Judge has disposed of the writ petition. The said judgment is challenged before the Division Bench in a Letter Patent Appeal. In the LPA, an interim order was passed granting stay on 06.02.2015:
“One of the contention raised is that the respondent-Engineering College remained functional for hardly 2-3 years and is lying closed since the year 2013 and all the students who were admitted in that college have been migrated to other recognized Engineering Colleges.
Let notice of motion be issued to respondent No. 1 only for 21.05.2015.
Meanwhile, operation of the order passed by the learned Single Judge shall
Stay on Court Proceedings – Order of stay granted by Division Bench in High Court cannot be treated as having no force.
Indefinite stay orders in civil and criminal cases may lead to miscarriages of justice, necessitating a review of their validity and conditions for extension.
Point of law : Jurisdiction of High Court is not barred irrespective of label of a petition, be it under Section 397 or 482 Cr.P.C. or Article 227 of Constitution.
The Supreme Court's ruling on the 'six months stay' mandate applies to all pending civil and criminal cases, emphasizing the need for expeditious disposal of cases and the adverse effects of court-gr....
The judgment emphasizes the need for a speaking order to extend the stay beyond six months, as per the judgment in Asian Resurfacing of Road Agency Private Limited and another Vs. Central Bureau of I....
Contempt Petition - Wilful and deliberate disobedience of order - Mere disobedience is not sufficient unless it is shown and proved that disobedience is wilful, deliberate and intentional.
Stay of criminal proceedings by the High Courts should not be considered as an incentive to cause delay in the proceedings; that order granting stay or extending it must be a speaking order and stay ....
The mandatory nature of Article 226(3) of the Constitution of India and the need to prevent abuse of interim orders.
(1) An interim order lawfully passed by a Court after hearing all contesting parties is not rendered illegal only due to long passage of time – If a High Court concludes after hearing all concerned p....
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