hold that there is no automatic stay due to
pendency of the appeal.
9. At this stage we may reproduce Sections ... Counsel for the Respondent by
treating the pendency of Appeal as automatic stay then the new
legislation i.e., the Arbitration & Conciliation
stay from an Appellate Court, cannot lead to a disastrous consequence viz., that though he would not seek stay, there will automatically be a clog ... want stay of those orders. If the Court did not grant stay of those orders and if he himself did not seek stay of those
Section (1) of
Section 357 is to be stayed automatically, there is no reason as to why the
legislative intent cannot be held to apply ... word "fine". It
does not say that what would be stayed i.e. application of fine. Sub Section
(2) of Section 357, does
Subramani Gopalakrishnan vs Institute Of Chartered Accountants Of ... on 30 May, 2011
Author: Dipak Misra
involves
complicated questions of law and fact, it would be
desirable to stay the departmental proceedings till the
conclusion of the criminal case.
(iii) Whether ... departmental proceedings pending a criminal
proceedings does not warrant an automatic stay. The
superior courts before exercising its discretionary
jurisdiction in this regard must take
that a departmental proceeding pending criminal proceedings does not warrant an automatic stay. It is relevant to extract from the said decision the relevant portion ... departmental proceedings pending a criminal proceedings does not warrant an automatic stay. The superior courts before exercising its discretionary jurisdiction in this regard must take
there is no ground to stay or quash the departmental proceedings.
31. The Hon'ble Supreme Court in the case of INDIAN OVERSEAS BANK ... departmental proceedings pending a criminal proceedings does not
warrant an automatic stay. The superior courts before exercising its
discretionary jurisdiction in this regard must take
departmental proceedings, pending a criminal proceedings, does not warrant an automatic stay and the superior courts before exercising its discretionary jurisdiction in this regard, must
come to be settled that the later will
not automatically lead to stay the departmental
proceedings. In Indian Overseas Bank Annasalai and
another ... proceeding pending a criminal
WP 1707.09
proceeding does not warrant an automatic stay. The
superior Court before exercising its discretionary
jurisdiction in this regard must
hence, there can be no scope to argue
that there was automatic stay on account of provisions in Section
19 (3) of the Administrative Tribunals
