#Stay Application

Andhra Pradesh High Court rules that Debt Recovery Tribunals must adjudicate stay applications under Section 17 of the SARFAESI Act before proceeding with e-auctions of mortgaged properties. The judgment reinforces that coercive measures without prior adjudication violate principles of natural justice and property rights under Article 300-A.

The Allahabad High Court has ruled that no coercive action-such as dispossession-may be taken against a party while a stay application under Section 67 of the U.P. Revenue Code remains undecided, reinforcing the binding precedent from Daya Shankar v. State of U.P. This protects property rights and ensures procedural fairness for landowners and developers awaiting appellate relief.

Allahabad HC mandates Rent Authority to decide stay applications within two weeks and restoration applications within one month, halting execution proceedings for three weeks. The ruling underscores the urgency of interim relief to prevent tenants from facing irreversible dispossession during pendency of restoration applications.

Madras High Court reinforces due process by directing revisional authorities to decide stay applications under Section 80-A of the Tamil Nadu Town and Country Planning Act within three weeks. The Court prohibits demolition, sealing, or locking of premises during this period, ensuring property owners are protected from coercive action while their appeals are pending.

ITAT Delhi ruled that where a High Court has already upheld the assessee’s transfer pricing methodology for royalty and business support service fees in a prior year, the revenue cannot re-agitate the same factual matrix. The Tribunal granted an absolute stay on recovery, reinforcing judicial consistency in transfer pricing disputes and protecting taxpayers from arbitrary reassessments.