Many a time, it so happens that the trial of a suit is stayed by the court, and the matter is not heard for a long period of several years. Meanwhile, the suit (or other proceedings) continue to be stayed.
What happens during such period when a suit is stayed? Can a party to the suit apply for and get appropriate interlocutory relief even though the suit is stayed?
A similar situation arose before the Supreme Court. In the case of Amita Kaushish v. Sanjay Kaushish, (1996) 7 SCC 19, it was contended by the respondents that on account of the stay of the suit, they are prevented to take any direction or order by way of interlocutory application.
However, the Supreme Court clarified that the stay of the trial of the suit does not preclude the respondents to seek such appropriate interlocutory reliefs as may be available and warranted in the facts and circumstances.
Thus, even during the period when a suit is stayed, the parties to the suit can seek appropriate interlocutory reliefs and the court concerned has the power to grant such relief if it is warranted by the facts and circumstances of the case at that stage.
