Recovery of dues may proceed during pendency of stay applications when no specific order restrains recovery. The Department may pursue recovery of government dues during the pendency of stay petitions if no specific restraining order exists; mere pendency is not a legal bar. The Law Ministry advised that a reasonable waiting period for decision on the stay depends on case-specific facts, and the Board accepted this advice, deciding that prior instructions need not be revised and field formations should continue recovery unless expressly prevented.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Recovery of dues may proceed during pendency of stay applications when no specific order restrains recovery.
The Department may pursue recovery of government dues during the pendency of stay petitions if no specific restraining order exists; mere pendency is not a legal bar. The Law Ministry advised that a reasonable waiting period for decision on the stay depends on case-specific facts, and the Board accepted this advice, deciding that prior instructions need not be revised and field formations should continue recovery unless expressly prevented.
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