Supreme Court's Guidelines on Interim Orders and Vacating Stays


Chambers of Ishaan Garg

Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054

+91 8851742417, +91 8800386163

Case name: High Court Bar Association, Allahabad v. State of U.P. 

Citation: 2024 INSC 150

Judgment: 29-Feb-2024

Supreme Court's Guidelines on Interim Orders and Vacating Stays

1. Introduction

The Supreme Court has issued guidelines for high courts on interim orders and vacating stays.

2. Granting Ex-Parte Ad-Interim Relief

High courts should grant ex-parte ad-interim relief for a limited duration without hearing the affected parties. The court may confirm or vacate the interim order after hearing both sides.

3. Vacating Interim Orders

An interim order cannot be vacated without giving the affected party a chance to be heard. Applications for vacating interim reliefs should be prioritized.

4. Handling Applications for Vacating Interim Orders

Applications for vacating an interim order should not be delayed. If a party applies for vacating an interim order due to suppression of facts, it should be promptly addressed.

5. Reversal of the 2018 Asian Resurfacing Judgment

The judgment reversed the 2018 Asian Resurfacing judgment, which mandated automatic expiration of interim orders after six months.

6. Composition of the Bench

The judgment was delivered by a five-judge bench comprising Chief Justice DY Chandrachud and Justices Abhay S Oka, JB Pardiwala, Pankaj Mithal, and Manoj Misra.

7. Setting Aside the 2018 Directive

The earlier directive issued in the 2018 judgment was set aside, stating that a direction for the automatic expiration of interim orders cannot be issued under Article 142 of the Constitution.

8. Procedure for High Courts

The judgment provided detailed procedures for high courts to follow while passing interim orders and dealing with applications for vacating interim stays.

9. Grounds to Vacate Interim Orders

High Courts have the power to vacate or modify an order of interim relief passed after hearing the parties on several grounds including prolonging proceedings deliberately, suppression or misrepresentation of material facts, and material change in circumstances.