Judge, who later referred the matters to the Bench, granted a conditional stay. It is necessary to reproduce the order of stay : -
"The enforcing ... writ petitions before the Division Bench. Therefore, notwithstanding the order of stay granted in the manner mentioned above, the Superintendent of Central Excise has chosen
Voluntary Scheme that in spite of the blatant violation of the conditions of recognition by the schools concerned, the Government, taking a sympathetic view ... granting recognition. In other words, the learned Single Judge made the stay conditional. The effect of the impugned order passed by the learned Single Judge
appeal, if no stay
order-in- is granted or after
original the disposal of stay
petition in
accordance with
the conditions of
stay ... appeal and if no stay is granted or after disposal
of the stay application in accordance with conditions for
stay if any that
appeal having been filed before the Commissioner or the conditional stay of the operation of the assessment having been allowed by the Commissioner (Appeals), pending
conditions in the grant.. If the statute gives a right to appeal upon certain conditions, it is upon fulfillment of those conditions that the right ... grant stay only when a strong prima facie is made out. The High Court may also make the grant of stay subject to conditions
questioned.
2. While issuing Rule Nisi and passing a conditional order of stay, Learned Single Judge, by his order dated 4.2.1997, referred the said Writ ... preferred Writ Appeal No. 1436 of 1997 as against the said conditional stay order passed in Writ Petition No. 1888 of 1997. That
This Court on April 7, 1997 while issuing rule, granted a conditional stay which continues to be in force till now.
5. The respondents have ... relation to an establishment, the appropriate Government shall have regard to the conditions of work and benefits provided for the contract labour in that establishment
Section 3 - Stay under - Grant of, resulting in rendering suit dead for all practical purposes - No ground for refusing stay - When conditions under Section ... which makes it obligatory upon the Court to stay the legal proceedings if the conditions of the Section are satisfied and what is more
itself render that
award unenforceable, unless the court grants an order of
stay of the operation of the said arbitral award in
accordance with ... arbitral
award, the court may, subject to such conditions as it
may deem fit, grant stay of the operation of such award
for reasons
coercive steps being taken for recovery and have obtained conditional order of stay in each case in this Court.
5. Before adverting to the legal ... consider whether to stay the recovery proceedings and on what conditions, and the stay will be granted in most deserving and appropriate cases where
