Suspension of Order v Stay of Order: Is there any distinction between them?

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byGuest

In 'Asian Resurfacing' (2018 SCCOnline SC 310), the Supreme Court has given a clear finding on 'stay orders' and their validity (from date of issuance). I secured an order from a High Court, which summarily suspended a lower court decree. This matter (High Court Appeal) has not been listed on account of the pandemic and limited functioning of the courts. Would this 'suspension order' have to be extended before six months (from the date of issuance)? In other words, is there, at all, a distinction between suspension orders and stay orders?

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byGuest

2 years ago

See the Judgement of AP High Court in case of Govt. of AP Vs. N. Rami Reddy and ors reported in AIR 2001 AP 226 and Judgement of Hon'ble Supreme Court in case of Indira Gandhi Vs. Raj Narain AIR 1975 SC 1590. There is distinction between Suspension and Stay of Judgement according to Hon'ble Andra Pradesh High Court Judgement cited supra. Suspension of Judgement revived the position existing before the judgement which is not correct to say when Judgement is only stayed. Refer para 11 to 14 of Judgement of Hon'ble Andra Pradesh High Court cited supra.

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