What is the difference between stay and injunction

Sampatrao, AIR Nag Skip to content Stay Order An order of stay indicates stoppage, arrest or suspension of judicial proceedings. They are of various types: Temporary Order 39 of the Code of Civil Procedure, and Permanent Section of the Specific Relief Act, : The former is granted during the pendency of the suit based on various factors preservation of status quo, balance of convenience, a prima facie case, irreparable injury, etc.

Preventive ones that restrain actions and mandatory ones that compel actions. Injunctions are classified into several categories. Preliminary Injunctions are granted as a form of temporary relief in order to maintain or preserve the existing condition of something. Preventive Injunctions order people to refrain from doing some negative act that would adversely affect the rights of the plaintiff.

Mandatory Injunctions require the compulsory performance of some particular act, also called specific performance. Permanent Injunctions are granted at the end of a hearing and constitute a form of final relief. General examples of Injunctions include orders to prevent nuisance, pollution of water supplies, cutting trees, damage or destruction to property or personal injury, orders requiring the return of property or removal of blocks from access ways and others.

Failure to comply with an Injunction results in a charge of contempt of court. Ordering to remove an unauthorized structure is an injunction. A Stay Order also represents a court-issued order. However, its purpose is different from that of an Injunction. It has been observe that the object of an order regarding interim relief is to evoke a workable formula to the extend call for by the demands of the situation, keeping in mind the pros and cons of the matter and striking a delicate balance between two conflicting interests, i.

Oder XXXIX of the Civil Procedure Code, provides for temporary injunction and provides that both plaintiff and defendant can apply for injunction against each other if the following grounds exist. Where any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree or where a defendant threatens, or intends to remove or dispose of his property with a view to defrauding his creditors or where a defendant threatens to dispose the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit or where a defendant is about to commit a breach of contract or any other kind of injury, application for temporary injunction can be made.

It is further provided under section 94 c that where a court is of opinion that the interests of justice so require, an order for temporary injunction can be made. Talking in terms of stay order, it basically means stopping a judicial proceeding to further proceed.

It is addressed to the court and non contravention to this order or non compliance thereto has an effect of nullity. Therefore, if court proceeds further even after being addressed to stay, such proceeding of the court will be null and void. It is to be kept in mind that the stay order becomes effective when and only it is communicated to the ocurt to which it is issued.

For an injunction, the most important thing which must be established is that the case must be a prima facie case meaning thereby the relief so claimed by the party must be a bona fide one. Similarly, it must also be proved to the satisfaction of the court that had no order of temporary injunction is passed there will be an irreparable injury to the subject matter of the court.

It is equally paramount for the court to consider the principle what is likely to be known ad balance of convenience and inconvenience that is to say that court has to consider that the refusal of an order of injunction might lead to more inconvenience to the party making application for it than the party to whom such relief is granted.

These three features are necessitated the court to scrutinise peculiarly the circumstances of the case and it also serves a point of difference with the stay order which has no such peculiarity. An order of stay operates against a court while an injunction is applicable against a person. Case Law 1. Mulraj v. Murti Raghonathji Maharaj, Basant Lal And Anr.

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