Power to grant Interim Stay

Section 5 A empowers the Tribunal to pass any interim order on any application moved by the Petitioner after giving 14 days' notice to the opposite party for filing objection. The 14 days period can be waived under exceptional circumstances mentioned in the section.

It has been specifically provided under Section 5(A) that no interim order (whether by way of injunction or stay or in any other manner) shall be passed by the Tribunal or in any proceedings relating to any reference unless (a) copies of such reference and application for interim order, along with all documents in support of the plea for such interim order are furnished to the party against whom such petition is filed, and (b) at least fourteen days' time is given to such party to file a reply and opportunity is given to it to be heard in the matter.

It has further been provided that the Tribunal may dispense with the requirements (a) and (b) and may, for reasons to be recorded, make an interim order, as an exceptional measure, if it is satisfied that it is necessary so to do for preventing any loss to the petitioner which cannot be adequately compensated in money, but any such interim order shall, if it is not vacated earlier, cease to have effect on the expiry of the period of 14 days from the date on which it is made unless the said requirements have been complied with before the expiry of the said period and the Tribunal has continued the operation of that order.