How to Obtain a Court Stay Order on a Vehicle in Pakistan

Introduction
Choose the Right Law
Draft and File Your Application
State Clear Legal Grounds
Attend the Court Hearing
Receive the Court’s Decision
Key Statutes and Sections
Important Considerations
Role of Advocate Muhammad Amin
Conclusion

1. Introduction

You can pause a car’s seizure with a stay order. Courts act swiftly. Therefore, follow precise steps. Select the correct law first.

2. Choose the Right Law

First, identify your case type.

Civil disputes use the CPC or Specific Relief Act.
Criminal matters use the Cr.P.C.
Writs use Article 199 of the Constitution.

Each law sets its own requirements.

3. Draft and File Your Application

Next, prepare an injunction petition. Attach key documents such as:

Vehicle registration copy
Copies of lower-court orders

Then pay the court fees and file at the registry.

4. State Clear Legal Grounds

You must prove four elements:

Prima Facie Case: You hold a valid right.
Irreparable Loss: The harm cannot be fixed by money.
Balance of Convenience: Your hardship outweighs theirs.
Public Interest (if needed): The stay benefits society.

Each element must stand on its own.

5. Attend the Court Hearing

The court will fix a date. You or your lawyer must appear. Present your arguments clearly. Listen to the other side. Answer the judge’s questions.

6. Receive the Court’s Decision

After the hearing, the judge may:

Grant the Stay: Your car remains protected.
Deny the Stay: Seizure can proceed.
Modify the Order: The judge imposes conditions.

Prepare for any outcome.

7. Key Statutes and Sections

CPC: Section 151; Order XXXIX
Specific Relief Act, 1877: Temporary injunctions
Cr.P.C.: Sections 516-A & 523
Motor Vehicles Ordinance, 1965
Constitution (Article 199)

Refer to each statute as needed.

8. Important Considerations

Concurrent Proceedings: Civil and criminal cases may overlap.
Jurisdiction: File in the proper court.
Judicial Discretion: Courts decide stays on facts.
Timing: Act early to avoid loss.
Legal Assistance: Hire an expert lawyer.

Each factor affects your success.

9. Role of Advocate Muhammad Amin

Advocate Muhammad Amin helps clients navigate stay orders and banking disputes. He practices in Peshawar and online. He guides you through drafting petitions, citing relevant law, and presenting at hearings. His expertise in financial and procedural law ensures clear strategy and strong representation.

📍 Office No. 14, Zeb Plaza, University Road, Peshawar
📞 0313 9708019

10. Conclusion

Follow each step precisely. Choose the right law. File a solid petition. Prove your grounds clearly. Attend the hearing prepared. Respect the court’s decision. This approach maximizes your chance of securing a stay order on your vehicle.