A stay order is a court order that suspends the operation of another court order or government action pending the hearing of an appeal, revision, or writ petition. It is one of the most urgently needed remedies in Bangladesh litigation. TRW — Tahmidur Rahman Remura Wahid Law Associates obtains stay orders on an urgent basis before civil courts, criminal courts, and the High Court Division.
Types of Stay Orders
Stay orders in Bangladesh can be categorised as follows. Stay of execution of a civil decree: suspending the enforcement of a money decree or a decree for possession pending appeal. Stay of criminal proceedings: suspending the proceedings in a lower criminal court pending revision or quashment. Stay of government action: suspending the operation of a government order or decision pending a writ petition. Stay of arbitral proceedings: suspending arbitral proceedings pending a challenge to the arbitration agreement. TRW advises on the appropriate type of stay order for each case and prepares a comprehensive application.
How to Obtain a Stay Order
The process for obtaining a stay order involves the following steps. TRW files the main application (appeal, revision, writ petition, etc.) before the appropriate court. Simultaneously, TRW files an application for a stay order, setting out the grounds for the stay and the urgency. The court fixes a date for hearing the stay application. TRW argues the stay application, showing that: the main application raises serious questions of law or fact; the balance of convenience favours a stay; and irreparable harm will result if the stay is not granted. The court grants or refuses the stay order.
In urgent cases, TRW applies for an ex parte stay order — a stay granted without notice to the other side. Ex parte stay orders are granted for a limited period and the other side is then given an opportunity to be heard.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's litigation team obtain stay orders on an urgent basis. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: How quickly can a stay order be obtained?
A: An ex parte stay order can be obtained on the same day or the next court day in urgent cases.
Q: Can a stay order be challenged?
A: Yes. The other party can apply to discharge or vary the stay order.
Q: Does a stay order automatically continue until the main case is decided?
A: Not always. Stay orders are sometimes granted for a limited period and must be renewed. TRW monitors the stay order and renews it as necessary.
