Time-bound stay orders do not automatically cease to be effective after the expiry of the specified time and continue to operate until recalled, vacated, or modified.

( 1 ) THE questions that arise for consideration is whether an application for extension of time-bound stay order is necessary and whether it must be heard by the same Judge or it could be heard by another Judge who is ceased of the Jurisdiction as a result of rotation of Bench?

( 2 ) SRI Anil Bhushan, learned counsel for the petitioner has urged that once a time bound interim order is passed by the Court after application of mind, then unless the stay order is vacated by this Court, till then the interim order will continue to be operative and it cannot exhaust or automatically stand vacated on the expiry of the period or date mentioned in the interim order.

( 3 ) ON the other hand, Sri Vinod Sinha the learned counsel for the respondent No. 3 has vehemently urged that while passing a time bound interim order, the Court has not concluded the hearing of the stay application and the learned Judge was in the process of hearing the matter and the stay application has to be decided by the same Judge as provided by Chapter V, Rule 13 of the Allahabad High Court Rules, 1952 (in brief rules of the Court) and only he can extend the stay order as the stay application on which the interim order was passed remained pending. He further urged that even if a stay extension application is moved, it is for the same object and purpose for which the initial stay application was filed, therefore, it can only be heard by the same Judge who has passed the interim order and not by another Judge who is ceased of the jurisdiction by rotation of Bench. He urged that after the expiry of the period mentioned in the time bound stay order, the stay order exhausted and unless the stay order is extended before the expiry of the period fixed in the order or it is extended or a fresh order is passed, it cannot be revived. He urged that it will depend upon the language of the interim order whether the stay order will exhaust on a particular date fixed by the Court or it will be deemed to be continuing. The learned counsel further urged that once a counter-affidavit is filed along with the stay vacation application, then the stay order could not be deemed to be continuing. Sri S. N. Srivastava the learned standing counsel appearing for the respondent Nos. 1 and 2 has supported the argument of the learned counsel for the respondent No. 3.

( 4 ) AN interim order is generally passed to preserve the state of affairs obtaining on the date of institution of proceedings. The Constitution Bench of the Apex Court in Shri Kihota Hallohon v. Mr. Zachillu and others, AIR 1992 SC 412, in paragraph 51 held as below : the purpose of interlocutory orders is to preserve in status quo the rights of parties, so that, the proceedings do not become infructuous by any unilateral overt acts by one side or the other during its pendency. " the interim order is granted where the Court is satisfied that prima facie case, balance of convenience and irreparable loss is in favour of a person claiming interim order. Such orders may assume different forms depending upon exigency of circumstances. But the usual interim orders granted are either until further orders or time bound that is for specific period mentioned in the order or till the next date of listing or till the next date of hearing. The time bound interim orders, appear to me to be granted, because the Judge is not satisfied to grant complete or unlimited order or till further orders of the Court. Yet the order is granted to protect the interest of the petitioner for a short while to enable the petitioner to furnish further details or information as required by the Court or till the respondent, in the meanwhile, files its counter-affidavit. It also avoids injustice which maybe caused by the interim order to the respondent for long as the case conies up again for consideration after short time or till either the respondent appears or the petitioner is able to make out a case for such order which may last till it is vac