![[Automatic Vacation Of Interim Orders] Is Article 226(3) Directory or Mandatory? Gauhati HC Refers Issue To Larger Bench [Read Judgment]](/static/images/error.jpg)
[Automatic Vacation Of Interim Orders] Is Article 226(3) Directory or Mandatory? Gauhati HC Refers Issue To Larger Bench [Read Judgment]
Live LawA division bench of the Gauhati High Court has opined that the Clause of Article 226 which deals with automatic vacation of interim orders, is directory. Assailing this order of the single bench, and Article 226 Article 226 provides that when a party makes an application to the High Court for the vacation of an interim order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated. The Bench also observed that the High Courts of Rajasthan, Calcutta, Kerala, Gujarat, Allahabad have taken the similar view that if the Court does not dispose of the application for vacating the interim order within 2 weeks of the furnishing a copy of the application for vacation to the party in whose favour the earlier interim order was passed, the said interim order will stand vacated automatically. The bench said: "If this wide discretionary power of the High Court to reach injustice wherever it is found, is curtailed by imposing an inflexible procedural provision under Article 226 that the High Court has to dispose of an application within 2 weeks, otherwise the interim order passed by it will automatically get vacated, it flies in the face of the wide discretionary power of the High Court to grant appropriate relief to reach injustice wherever it is found.
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