Armed Forces Tribunal Act 2007
26. Condition as to
making of interim order
1.
Notwithstanding
anything contained in any other provisions of this Act or in any other law for
the time being in force, no interim order (whether by way of injunction or stay
or in any other manner) shall be made on an application or appeal, or in any
proceeding relating thereto, unless-
a. copies of such
application or appeal, as the case may be, and all documents in support of the
plea for such interim order are furnished to the party against whom such
application or appeal, as the case may be, is made or proposed to be made; and
b. opportunity of being
heard is given to the other party in the matter:
Provided that the
Tribunal may dispense with the requirements of clauses (a) and (b) and make an
interim order as an exceptional measure if it is satisfied, for reasons to be
recorded in writing, that it is necessary so to do for preventing any loss
being caused to the applicant or to the appellant, as the case may be.
2.
Where
any party against whom an interim order, whether by way of injunction or stay
or in any other manner, is made on an application or appeal or in any
proceeding relating thereto under sub-section (i), without-
a. furnishing to such
party copies of such application or appeal, as the case may be, and all documents
in support of the plea for such interim order; and
b. giving such party an
opportunity of being heard, and making an application to the Tribunal for the
vacation of such order and furnishing a copy of such application or appeal, as
the case may be, to the party in whose favour such order has been made or the
counsel of such party,
the Tribunal shall dispose of the application within a period of fourteen days
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 Tribunal is
closed on the last day of that period, before the expiry of the next working
day; 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
working day, stand vacated.