Stay of proceedings in all civil/criminal matters to automatically end on expiry of 6 months unless extended by speaking order – says Supreme Court

The Hon’ble Supreme Court recently in the matter of Asian Resurfacing of Road Agency Pvt. Ltd. v. Central Bureau of Investigation enunciated that wherever stay of proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of 6 months from the date of such order of stay unless similar extension is granted by a speaking order. It was further held that the speaking order must show that continuing the stay was more important than having the trial finalized.

The apex court also stated that 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.

The judgement was passed by a 3-Judge bench comprising of Justice Adarsh Kumar Goel, Justice Navin Sinha and Justice R.F. Nariman.

-Tushar Kaushik

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