Stay – Stay against proceedings of a civil or criminal trial is operating will end on expiry of six months from 28.3.2018, the date of this order or in cases where stay is granted in future, the same will end on expiry of six months from the date of such order unless similar extension is granted by a speaking order – At times, proceedings are adjourned sine die on account of stay – Even after stay is vacated, intimation is not received and proceedings are not taken up – Situation of proceedings remaining pending for long on account of stay needs to be remedied – Remedy is required not only for corruption cases but for all civil and criminal cases where on account of stay, civil and criminal proceedings are held up – In an attempt to remedy this, situation, we consider it appropriate to direct that in all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended – In cases where stay is granted in future, the same will end on expiry of six months from the date of such order unless similar extension is granted by a speaking order – The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalized – The trial Court where order of stay of civil or criminal proceedings is produced, may fix a date not beyond six months of the order of stay so that on expiry of period of stay, proceedings can commence unless order of extension of stay is produced.
(2 OF ROAD AGENCY PVT. LTD. V. CENTRAL BURUEAU OF INVESTIGATION, 2018 SCeJ 688
