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Can the high court stay the city civil court appointment of advocate comissioner?

Dear All

Pls only as applicable to Indian legal system.

With great difficulty managed to get an advocate commissioner appointed by the city civil court to conduct AGM and election. Now the other side gone on CRP and got the lower court order stayed and advocate commissioner is removed. It was told that the high court stayed the order and telling to file counter within 15 days and he will hear the arguments. Is it not weird and cant anything be done for the judge for staying the lower court order without hearing the arguments and letting the other side take control and instantly they are suspending some more office bearers who are leading contenders and declared the date fpr AGM and election. Can anyone give me links for defending this successfully? or how to go about it?

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  • 1 decade ago
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    Now here again Captain your lawyer missed his chance to prevent the other party to get this temporary injunction/stay order from the High Court which was moved in appeal/revision against the order of the district civil court to appoint the advocate commissioner to conduct the AGM & the election. This he could do by filling a Caveat in the High Court on the very day the District Court passed this order, but he was sleeping on that day, sorry to say this. Any how now this whole issue is before the High Court which has asked you guys to file counter reply & then it will listen both parties to decide this issue, till then nothing much can be done but only make up with the order of the High Court, remain vigilant & seek immediate vacation of this stay order which will be possible when the reply filled by you & both your argument is heard & matter decided. If he has not, your lawyer must seek immediate stay of all proceedings with regard to AGM & election stayed even if the other party wants to conduct that in absence of the Advocate Commissioner & amongst the members of your society without informing them the exact legal situation in this case, including stay of the High Court, let there be clear order from the High court in line such as "No proceedings by any one with regard to AGM including election etc for the society till further order". If you guys are prevented to bring advocate commissioner so they too be prevented getting any matter done in their favor in the AGM, hope you understand this strategy in your case.

    Source(s): I am a Lawyer.
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