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TMI Blog2015 (2) TMI 424X X X X Extracts X X X X X X X X Extracts X X X X ..... Upon compliance, there shall be waiver of pre-deposit of balance demand in question and stay of recovery thereof during pendency of the appeal. - Partial stay granted. - Application No. E/S/42216/2013 in E/42342/2013 - Misc Order No. 40017/2015 - Dated:- 6-1-2015 - Shri D. N. Panda And Shri R. Periasami,JJ. For the Applicant : Shri R. Suresh, Advocate For the Respondent : Ms. Indir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raising revenue, sources which they would rather well leave alone in the public interest, because of the stays granted by Courts. We have come across cases where an entire Service is left in a stay of flutter and unrest because of interim orders passed by courts, leaving the work they are supposed to do in a state of suspended animation. We have come across cases where buses and lorries are being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve been stayed by courts. Incalculable harm has been done by such interim orders. All this is not to say that interim orders may never be made against public authorities. There are, of course, cases which demand that interim orders should be made in the interests of justice. Where gross violations of the law and injustices are perpetrated or are about to be perpetrated, it is the bounden duty of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere are no hard and fast rules. But prudence, discretion and circumspection are called for. There are several other vital considerations apart from the existence of a prima facie case. There is the question of balance of convenience. There is the question of irreparable injury. There is the question of the public interest. There are many such factors worthy of consideration. We often wonder why in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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