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IN THE HIGH COURT OF MANIPUR AT IMPHAL
A.GUNESHWAR SHARMA
Avisy Services Pvt Ltd – Appellant
Versus
Nimbus Systems (P) Ltd – Respondent
ORDER :
A.GUNESHWAR SHARMA, J.
[1] This application MC[WP(C)] No. 810 of 2024 is filed by the applicant/respondent No. 3 for vacation of the interim stay orders dated 11.12.2024 and 13.12.2024 passed by this Court in WP(C) No.846 of 2024 filed by the respondent No.1/writ petitioner. It is stated that the interim orders have been passed ex-parte, without hearing the applicant and private respondent based on incomplete facts and narration and non-maintainability of the writ petition. The application has been filed in terms of liberty granted by this Court vide order dated 18.12.2024. As permitted by this Court, the applicant and writ petitioner also filed short written submissions.
[2] Brief fact leading to filing of the instant misc application is that the petitioner in WP(C) No.846 of 2024, while moving the Court for the first time on 11.12.2024, the matter was ordered to be listed on 13.12.2024 in the motion column as the learned Government Advocate was without file. It was directed to maintain status quo as on date till the next date. On 13.12.2024, this Court was pleased to order that the authorities should not finalise the bidding evaluation process and the work order shall not b
Interim orders extended in the presence of parties cannot be vacated automatically under Article 226(3) without a hearing on merit.
(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....
Ex parte ad-interim relief under Article 226(3) vacates automatically after two weeks if not adjudicated, irrespective of parties' actions, ensuring prompt resolutions.
The mandatory nature of Article 226(3) of the Constitution of India and the need to prevent abuse of interim orders.
A party must act promptly under Article 226(3) to vacate an interim order; inaction may imply acceptance.
Article 226(3) of the Constitution of India is mandatory, leading to the automatic vacation of interim orders if not disposed of within two weeks.
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