Definition
A temporary stay order granted by a court for a limited period, usually pending a full hearing on an application for stay or an interlocutory order.
An interim stay is a provisional stay — it suspends the operation of a lower court's order for a limited period, typically until the main stay application is heard and decided at an inter partes (both parties) hearing. Courts grant interim stays ex parte or on short notice in urgent cases where the applicant shows that irreparable harm would result if the order operates even for the few days required to schedule the full hearing. An interim stay lapses when the court decides the main stay application or when the period specified in the interim order expires.
Statutory Definition
No separate statutory provision — interim stay is a sub-category of stay under Order XXXIX CPC (temporary injunctions apply mutatis mutandis), Order XLI Rule 5 CPC (stay of execution), and the courts' inherent power under Section 151 CPC and under Article 226/32 (for High Court and Supreme Court orders).
Etymology & Origin
From Latin 'interim' (meanwhile, in the meantime). An interim stay operates in the meantime — while the court determines whether a permanent or longer stay should be granted.
Full Legal Analysis
Interim Stay: Urgency Protection in the Courts
Where a party needs immediate protection from the operation of an order — but cannot wait even a few days for a full stay hearing — they apply for an interim stay. Courts grant these quickly, often ex parte, recognising that justice delayed in an urgent matter is justice denied. But interim stays are double-edged: they can be obtained strategically to delay compliance with legitimate orders. The Supreme Court has repeatedly cautioned against routine interim stays.
Procedure for Interim Stay
The applicant files a stay application with an urgency certificate. If the court is satisfied of urgency and prima facie merit: (a) it may grant an interim stay for a fixed period (typically 2-4 weeks); (b) it issues notice to the opposite party to show cause against making the stay absolute; and (c) at the returnable date, the court hears both parties and decides whether to make the stay absolute or vacate it. If the opposite party is not present when interim stay is granted, it may apply to vacate on short notice.
Asian Resurfacing Guidelines
The Supreme Court in Asian Resurfacing (2018) laid down that interim stays of trial court proceedings granted by High Courts must not continue for more than 6 months without explicit extension for recorded reasons. This addressed the practice of obtaining interim stays in anticipation trials and then never pursuing the main case — resulting in trials being frozen for years at the High Court's interlocutory stage.
Criminal Cases: Interim Stay of Conviction
In criminal appeals, a convict may seek interim stay of their sentence pending hearing of the appeal. Courts are reluctant to grant interim stay of criminal convictions (as it would mean releasing a convicted person to custody before appeal is heard). However, where there is a prima facie strong case for acquittal and the accused has already served substantial custody, courts have granted interim stay of sentence pending appeal.
“An interim stay is a bridge — it holds the situation static while the court decides whether a permanent stay is warranted. It must be narrow in time and scope; it is not a license to avoid the law indefinitely.”
This Term in Indian Statutes
Code of Civil Procedure, 1908, 1908
"Where it is proposed to grant a temporary injunction without giving notice to the opposite party, the Court shall record the reasons for its opinion that the object of granting the injunction would be defeated by the delay caused by giving notice."
Courts must record reasons for ex parte (without notice) interim stays/injunctions
