TRW Insight / Bangladesh
No appeal, revision, writ or quashing application in Bangladesh stops anything by itself. The stay has to be asked for, justified, paid for and kept alive, and the Chamber Judge of the Appellate Division often has the final word.
Stay order Bangladesh law provides: what it is and who grants it
A stay order Bangladesh courts grant is temporary relief: it halts a decree, an order, an auction or a trial while a higher court decides whether that step was lawful. No appeal, revision, writ petition or quashing application stops anything by itself. The Code of Civil Procedure says expressly that an appeal does not operate as a stay.[2] The Appellate Division's own Rules say the same of appeals to it.[4] The stay has to be asked for, justified and then kept alive.
This guide follows the stay through every forum: the civil suit and execution, appeal under Order XLI rule 5, civil revision, writ petitions under Article 102, criminal proceedings and the Appellate Division's Chamber Judge. It then covers what decides an application, how long a stay lasts, how one is extended or vacated, and realistic timelines. The remedies themselves are covered in TRW's separate guides to civil appeals, civil revision, writ petitions and temporary injunctions. This guide deals only with the interim protection that sits alongside them.

Summary: A stay must be applied for separately in every forum; filing an appeal, revision, writ or quashing application does not suspend anything. Civil appeal stays are governed by Order XLI rule 5, with three statutory conditions. High Court Division stays in revision, writ and criminal matters are discretionary, usually time-limited and often conditional on payment. The Chamber Judge of the Appellate Division can stay a High Court Division order, decline to interfere or send the matter to a full bench. A stay ends when it expires, when its conditions are breached, when it is vacated on application or when the Rule is decided.
Key point: Most stays are lost through neglect, not on the merits. In a 2026 writ case, a stay that had been extended for six months on 8 June 2026 was recalled when the Rule was discharged on 29 July 2026. An earlier stay in the same dispute had simply been allowed to expire.[7] Diary the expiry date, the payment dates and the return date. Treat every extension application as a fresh application.
At a glance
No automatic stay
Appeals in the civil courts and in the Appellate Division do not suspend the order challenged; a stay must be ordered.
Three conditions
Order XLI rule 5(3) requires substantial loss, no unreasonable delay and security before a civil appeal stay.
Time-limited
High Court Division stays usually run for three or six months and must be extended before they lapse.
Chamber Judge
A single Appellate Division judge hears stay and bail applications, subject to reconsideration by a bench of at least three.
Vacating
The opposite party can apply to vacate a stay, and the stay falls with the Rule or on breach of its conditions.
Table of Contents
What a stay order Bangladesh courts grant actually does
A stay order Bangladesh judges make freezes something that would otherwise happen: execution of a decree, the operation of an order, the further proceedings of a suit or trial, or a step such as an auction or a demand. It decides nothing on the merits; it keeps the higher court's eventual decision from being overtaken by events.
The power comes from several sources, and identifying the correct one is the first drafting decision. In civil courts it rests on specific rules of the Code, such as Order XXI rules 26 and 29 and Order XLI rules 5 and 6, backed by the inherent power in section 151 to make orders necessary for the ends of justice.[1] [2] The High Court Division also grants stays as interim relief in its revisional and writ jurisdictions. In criminal matters it acts under its inherent power in section 561A of the Code of Criminal Procedure and its revisional powers.[5] The Appellate Division acts under its 1988 Rules.[4]
Stay, interim order, injunction and status quo
The terms overlap in practice, but they are not interchangeable. An interim order is the general category: any order made pending final disposal. A stay is an interim order directed at a court's own process or at the order under challenge. An injunction is directed at a party and restrains it from acting, as under Order XXXIX.[2] A status quo order binds both sides to keep things as they are, usually as to possession, position, construction or transfer.
Courts often combine them. When the High Court Division stayed a bank's auction under the Artha Rin Adalat Ain in one writ petition, it also directed the bank to maintain status quo in respect of possession and position of the mortgaged property.[8] The choice matters because each order binds different people and is breached in different ways. A stay of proceedings binds the court below. A status quo order binds the parties. The table below sets out the differences. On a phone, scroll it sideways.
| Order | Directed at | Typical source | What it stops | Common forum |
|---|---|---|---|---|
| Stay of execution | The executing court | Order XXI r 26; Order XLI r 5 | Execution of a decree or order | Trial, executing or appellate court |
| Stay of proceedings | The court below | Section 10 CPC; section 115; section 561A CrPC | Further hearing of a suit, appeal or trial | Trial court; High Court Division |
| Stay of operation | The order challenged and those acting on it | Article 102; section 115 | Effect of a demand, cancellation or interim order | High Court Division |
| Temporary injunction | A party | Order XXXIX | A party's act, such as transfer or construction | Trial court |
| Status quo | Both parties | Section 151 CPC; modified interim relief | Any change in possession, position or title | Any civil court or the High Court Division |
Why the label in the prayer matters
A petition should ask for the precise relief needed: stay of operation of the impugned order, stay of all further proceedings, stay of the auction, or status quo over identified property. An order that does not cover the threatened step gives no protection. Where a temporary injunction against the other side is the right remedy, the procedure and tests are those explained in TRW's temporary injunction guide, not those of a stay.
Stays in a civil suit and in execution
Several stays operate inside the trial court itself, before any appeal has been filed.
Stay of the suit: section 10
Section 10 of the Code bars a court from proceeding with the trial of a suit where the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or parties claiming under them, litigating under the same title, pending in a court in Bangladesh with jurisdiction to grant the relief claimed.[1] The explanation confirms that a suit pending in a foreign court does not prevent a Bangladeshi court from trying a suit on the same cause of action.[1] Where a later suit duplicates an earlier one, the defendant's first application should be under section 10, not for an injunction.
The executing court's power: Order XXI rule 26
Where a decree has been sent to another court for execution, Order XXI rule 26 requires that court, on sufficient cause, to stay execution for a reasonable time. This gives the judgment-debtor time to apply to the court that passed the decree, or to the appellate court, for a stay.[2] The executing court may order restitution of property seized or discharge of the judgment-debtor pending that application. Under rule 26(3), it may first require security or impose conditions.[2]
A pending cross-suit: Order XXI rule 29
Where a suit is pending in any court by the judgment-debtor against the decree-holder of that court, rule 29 allows the court to stay execution of the decree until the pending suit is decided, on terms as to security or otherwise.[2] TRW's guide to execution cases in Bangladesh explains how execution proceeds once these protections are exhausted.
Stay of execution pending appeal: Order XLI rule 5
Order XLI rule 5(1) is the central rule. An appeal does not operate as a stay of proceedings under the decree or order appealed from, except so far as the appellate court orders. Execution is not stayed merely because an appeal has been filed, but the appellate court may, for sufficient cause, order a stay.[2] The mechanics of the appeal itself, including forum, limitation and the memorandum, are covered in TRW's civil appeal guide. What follows concerns building a stay application that succeeds.
Two courts, two windows
Rule 5(2) gives the court that passed the decree power to stay execution if the application is made before the time for appealing expires.[2] That is the route while certified copies are awaited and the memorandum is being prepared. Once the appeal is filed, the application goes to the appellate court under rule 5(1). Rule 8 extends both powers to appeals from orders made in execution, not only from the decree.[2]
The three statutory conditions
Rule 5(3) forbids a stay under either sub-rule unless the court is satisfied of three things.[2] First, substantial loss may result to the applicant unless the order is made. Second, the application was made without unreasonable delay. Third, the applicant has given security for due performance of the decree or order that may ultimately bind it. Each needs evidence: loss that is substantial and hard to reverse, delay explained date by date, and security in a concrete form.
Rule 5(4) allows an ex parte stay pending the hearing of the application, notwithstanding rule 5(3).[2] Be ready for the contested hearing at which all three conditions will be tested.
Land sales and restitution
Where execution is allowed to proceed, rule 6(1) lets the court take security for restitution of property taken in execution. Where a sale of immovable property has been ordered and an appeal is pending, rule 6(2) requires the sale to be stayed on the judgment-debtor's application, on such terms as to security or otherwise as the court thinks fit, until the appeal is disposed of.[2] For a judgment-debtor facing the loss of land, rule 6(2) is stronger than rule 5. The court's discretion is over the terms, not over whether the sale is stayed.

Stay orders in civil revision
A revision under section 115 does not suspend the order challenged. The petitioner asks the High Court Division for interim relief at the motion stage, when the Rule is issued. The three common forms are a stay of operation of the impugned order, a stay of further proceedings in the suit or appeal, and a status quo direction. TRW's civil revision guide explains the jurisdiction. Two practical points about stays in revision deserve emphasis here.
The opposite party can turn a stay into something narrower
An opposite party does not have to wait for the final hearing.
In Md Mojibur Rahman v Md Bellal Hossain, the Senior District Judge, Bogura, had stayed the operation of a temporary injunction in a partition suit pending a miscellaneous appeal. The High Court Division issued a Rule against that stay, and the opposite parties contested it by filing an application for vacating the order of stay.[11] On 25 August 2022 the court vacated its interim stay. It directed both parties to maintain status quo over the suit land and ordered the appellate court below to dispose of the appeal within two months.[11] Asking for a status quo order and a timetable is often more realistic than seeking to lift a stay outright.
Commercial suits after 2026
The Commercial Courts Act 2026 (Act No. 23 of 2026) changes how stays reach the High Court Division in commercial disputes. Section 6(1) provides that no appeal lies against any order of a Commercial Court other than its final judgment, but revision and review may be filed following the principles and provisions of the Code of Civil Procedure.[6] Section 6(2) requires the appeal or revision to be filed in the High Court Division within sixty days.[6]
A party aggrieved by an interim order in a commercial suit therefore seeks its stay in revision, within that period. The proviso to section 8(1) also delays the transfer of a pending suit to a Commercial Court until any appeal or revision against an interim order in it has been disposed of.[6]
Stay orders and interim orders from the High Court in writ petitions
In writ practice the interim order is often worth more than the Rule. A stay of a tax demand, a cancellation, a blacklisting or a bank auction keeps a business running for the months or years the Rule is pending. Article 102 gives the High Court Division power to make orders on applications under that article. It also contains two express limits on interim relief.[3] The wider writ jurisdiction, including standing and the alternative remedy rule, is covered in TRW's writ petition guide.
Constitutional limits on interim relief
Article 102(3) provides that the High Court Division has no power under the article to pass any interim or other order in relation to any law to which article 47 applies.[3] Article 102(4) applies to applications under clause (1) or clause (2)(a). Where the interim order sought is likely to prejudice or interfere with a development programme or development work, or to be otherwise harmful to the public interest, the court must not make it unless the Attorney-General has had reasonable notice and an opportunity to be heard. The court must also be satisfied that the order will not have that effect.[3]
No stay order Bangladesh benches make in a writ escapes these limits. Petitions touching infrastructure, procurement or public revenue should be prepared for a contested interim hearing from the start.
Conditional stays in bank recovery writs
Writ petitions against Artha Rin Adalat auctions show how the High Court Division prices a stay.
In Md Amjad Hossain Molla v Bangladesh Bank, the Rule was issued on 3 April 2023 with a stay of the auction proceedings. The stay was conditional on the petitioner paying the entire outstanding loan to the decree-holder bank in twelve monthly instalments, failing which the Rule would stand discharged with costs of Tk 1,00,000.[8] The petitioner paid two instalments. The bank filed an application to vacate the stay. On 15 January 2024 the court treated the Rule as discharged with costs, vacated the stay and left the bank at liberty to proceed against the property.[8]
The lesson for a borrower is that a conditional stay is a payment plan with a deadline. A stay order Bangladesh benches grant on these terms is only as durable as the borrower's cash flow. The lesson for a bank is that the vacating application, supported by a statement of what has and has not been paid, is the fastest way back to the auction. TRW's guide to the Artha Rin Adalat covers the recovery process that the stay interrupts.
Stays and the public revenue
Revenue writs show the same pattern at a larger scale. On 10 September 2026 a High Court Division bench dismissed Rules in Grameen Kalyan's writ petitions against tax demands of Tk 666 crore and ordered payment.[13] When Grameen Kalyan sought a stay of that judgment, the Chamber Judge, Justice Farah Mahbub, declined to intervene until the full High Court Division judgment was released, according to lawyers for both sides.[13] Once a writ is lost, the demand is usually enforceable at once, so the next step must be ready on the day of judgment.
Grounds and the supporting affidavit
Whatever the forum, a stay application succeeds or fails on the same practical questions. In civil appeals they are fixed by Order XLI rule 5(3).[2] Elsewhere the High Court Division exercises discretion, but the questions it asks are recognisably similar. Is there an arguable case that the order below is wrong? Will the applicant suffer loss that cannot be undone if the order is carried out? Does the balance of hardship favour preserving the position? Has the applicant come promptly and with clean hands? What is the applicant offering by way of security or payment?
What the affidavit must prove
The facts behind each of those questions must be sworn. A stay application should identify the order challenged, the step that is imminent, and the date it will happen. Annex the auction notice, the execution order or the cause list for the trial date. Show why the loss is irreversible: demolition, sale to a third party, payment to a party unlikely to repay, the closure of a business or the loss of a licence. State when the applicant learned of the order and account for every week since. The applicant must disclose earlier proceedings in the same dispute, including earlier stays and how they ended.
Non-disclosure is the fastest way to lose an interim order. In the Waliul Islam writ, the auction purchaser's affidavit-in-opposition put before the court an earlier writ petition by the same petitioner on the same auction. In that earlier case an interim order had been granted and challenged in the Appellate Division, and, the purchaser said, allowed to lapse without extension.[7]
Security and undertakings
Security is a statutory condition in civil appeals and a practical one everywhere else. Order XXI rule 26(3) and Order XLI rule 5(3)(c) both contemplate security from the applicant.[2] In writ and criminal practice the court often fixes a payment or deposit as the price of the stay. Offering a realistic figure, a bank guarantee or an undertaking not to alienate identified property often decides the application.
Stay orders in criminal proceedings
Criminal stays work differently because the State is always a party and the accused's liberty is often in issue. The main routes are a stay of proceedings in a quashing application under section 561A, suspension of sentence pending appeal under section 426, and suspension when the High Court Division or a Sessions Judge calls for the record in revision under section 435.[5]
Quashing applications under section 561A
Section 561A preserves the High Court Division's inherent power to make orders necessary to give effect to any order under the Code, to prevent abuse of the process of any court or otherwise to secure the ends of justice.[5] When it issues a Rule to show cause why a proceeding should not be quashed, the bench commonly stays further proceedings of the case for a fixed period. In Md Sultan Miah v State, proceedings in a dowry case before the Chief Judicial Magistrate, Shariatpur, were stayed for six months. The stay was later extended until disposal of the Rule.[10]
The stay did not survive the final hearing. On 16 August 2023 the court held that the accused, against whom charge had not yet been framed, should first have sought discharge under section 241A. It discharged the Rule as not maintainable and declared the stay vacated.[10] A stay in a quashing application therefore buys time, but only a sound quashing case keeps it. TRW's section 561A quashment practice assesses that question before a Rule is sought.
Conditional stays in cheque cases
The High Court Division also attaches conditions to criminal stays. In Md Abu Sayed Chowdhury v State, a cheque dishonour prosecution under section 138 of the Negotiable Instruments Act, the court issued a Rule on 6 September 2021. It stayed further proceedings for three months and directed the accused to pay Tk 84,00,000 to the complainant bank or negotiate rescheduling, failing which the Rule would stand discharged.[9] No compliance was shown. On 21 August 2023 the court discharged the Rule, directed the trial court to proceed and declared the stay vacated.[9]

Suspension of sentence and revision
After conviction, the relief is suspension of sentence rather than a stay of proceedings. Section 426(1) allows the appellate court, for reasons recorded in writing, to suspend execution of the sentence or order appealed against and to release the appellant on bail.[5] Section 426(2B) allows the High Court Division to suspend a sentence pending an appeal to the Appellate Division where special leave has been granted.[5]
In revision, section 435(1) lets the High Court Division or a Sessions Judge, when calling for a record, direct that execution of any sentence be suspended pending examination of the record.[5] Bail-related stays, including the State's applications against High Court bail, are covered in TRW's High Court bail guide.
Appeal to the Chamber Judge of the Appellate Division
When the High Court Division grants or refuses a stay, or decides a Rule, the losing side's urgent route is to the Appellate Division's Chamber Judge. This is the forum that most often decides, in practice, whether a stay order Bangladesh parties have won or lost in the High Court Division survives the next few months.
The source of the Chamber Judge's power
Order V rule 2 of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 lists matters in which the Court's powers may be exercised by a single Judge sitting in Chamber.[4] They include applications for stay of execution of a decree or order in civil proceedings, applications for stay of execution of sentence or order in criminal proceedings, and applications for bail. The Judge's order is subject to reconsideration, at the instance of any aggrieved party, by a bench of not less than three Judges, which may include the Judge who dealt with the matter.[4]
Under Order XI rule 3, the Chief Justice appoints the Judge who hears chamber applications.[4] Order V rule 4 allows the Chamber Judge to adjourn any matter and lay it before the Court.[4]
Strictly, there is no "appeal" to the Chamber Judge. The aggrieved party files a civil or criminal petition for leave to appeal, or a civil miscellaneous petition, with an application for stay that the Chamber Judge hears first. Order XXI rule 1 provides that filing an appeal does not prevent execution of the decree or order appealed against. The Court may nevertheless order a stay of execution or of proceedings on such terms as it thinks fit.[4]
Time limits for the leave petition
Under Order XIII rule 1, a civil petition for leave to appeal must be lodged within sixty days of the judgment or order.[4] Under Order XXIV rule 2, criminal leave petitions must be lodged within thirty days. The Attorney-General or another government law officer has sixty days against an order of acquittal.[4] An urgent stay application does not need to wait for the end of that period, and usually should not.
What the Chamber Judge typically does
The orders fall into recognisable patterns. The Chamber Judge may stay the High Court Division's order, usually until a fixed date or until the full bench hears the leave petition. The Judge may pass "no order", which leaves the High Court Division's order in force. The Judge may also give directions, such as an order that the Rule below be heard within a fixed time.
Recent examples illustrate each pattern. On 8 January 2026, Chamber Judge Justice Md Rezaul Haque stayed a High Court Division order that had withheld a parliamentary candidate's name from Bangladesh Bank's loan defaulters list, on applications by Premier Bank and IDLC Finance.[12]
On 14 January 2026 the candidate's application to withdraw that stay was disposed of by Justice Farah Mahbub as Chamber Judge. She upheld the earlier order and directed the High Court Division to dispose of the Rule within two weeks.[12] In the Waliul Islam auction dispute, the auction purchaser's leave petition against an interim stay produced "no order" on 20 November 2024, with a direction to the Rule-issuing bench to dispose of the Rule.[7]
Executing court
Can stay execution for a reasonable time under Order XXI rule 26, or pending a cross-suit under rule 29.
Court that passed the decree
Can stay execution under Order XLI rule 5(2) if asked before the time for appealing expires.
Appellate court
Can stay execution under Order XLI rule 5(1), subject to the three conditions in rule 5(3).
High Court Division
Grants time-limited, often conditional stays when issuing a Rule under section 115, Article 102 or section 561A.
Chamber Judge, Appellate Division
Hears stay and bail applications as a single Judge, subject to reconsideration by a bench of three or more.
Appellate Division bench
Can reconsider a Chamber Judge's order and stay execution or proceedings pending appeal under Order XXI rule 1.
Criminal matters in the Appellate Division
Order XXIV rule 8 allows the Appellate Division, pending a criminal leave petition, to stay execution of an order of imprisonment or fine on such terms as it thinks fit. Its proviso bars the petition from being entertained unless the petitioner has first surrendered to an order of imprisonment.[4] Under rule 5, where a petition for leave to appeal against a death sentence is filed, execution is stayed pending disposal without any express order. That rule does not apply, unless the Court orders otherwise, to a prisoner who has exhausted all remedies and whose mercy petition has been rejected.[4]
Duration, extension and vacating a stay
Every stay order Bangladesh practitioners obtain in the High Court Division has a life span. Such stays are rarely open-ended. Benches commonly grant them for three or six months, sometimes "till disposal of the Rule", and extend them on application. An interim order that has expired protects no one, even if the Rule is still pending.
Extension before expiry
The Waliul Islam writ shows the typical life of a stay. On issuing the Rule, the court stayed all further proceedings of the Artha execution case for three months. The stay was most recently extended on 8 June 2026 for a further six months.[7] In the same dispute, the petitioner's earlier writ had carried an interim order only until 23 November 2024, and the auction purchaser argued that, no extension having been taken, it had no bearing on the later case.[7] Extension applications should be filed well before expiry, with an affidavit explaining why the Rule has not yet been heard and confirming compliance with any conditions.
How a stay comes to an end
An interim order of stay ends in one of five ways. It lapses at the end of its fixed period if not extended. It falls automatically if a condition is breached and the order says so, as in Amjad Hossain Molla.[8] It is vacated on the opposite party's application. It is recalled when the Rule is decided: when the Waliul Islam Rule was discharged on 29 July 2026, the court declared that the stay granted at issuance "stands recalled and vacated".[7] Finally, it can be stayed or set aside by the Appellate Division.
Applying to vacate
The opposite party's main tool is an application for vacating the order of stay, supported by an affidavit. The strongest grounds are factual and verifiable: non-payment of instalments fixed as a condition, suppression of earlier proceedings, a change in circumstances, or prejudice to the public interest that was not before the court. In Amjad Hossain Molla, the bank's vacating application set out exactly which instalments had been missed and the outstanding claim; it went uncontroverted, and the stay was vacated.[8] Where the stay affects a development project or public revenue, the Attorney-General's office can invoke the safeguard in Article 102(4).[3]
For the party that wants the stay lifted
Do not wait for the final hearing. File an affidavit-in-opposition and a vacating application together, attach proof of every unmet condition, and ask in the alternative for a timetable. Courts that are unwilling to vacate a stay outright will often narrow it to status quo or direct a hearing within weeks, as in Mojibur Rahman and in the January 2026 Chamber Judge order.[11] [12]
Practical timelines
Stays matter because final hearings take time. Law Minister Md Asaduzzaman told Parliament on 7 July 2026 that, as of 31 March 2026, 522,331 cases were pending in the High Court Division, including 101,168 civil and 421,163 criminal cases. The Appellate Division had 38,713 pending cases, 21,652 civil and 17,061 criminal.[14] A motion-stage stay can decide the commercial outcome long before the merits are reached.
What the case record shows
The decided cases give a sense of scale. In Waliul Islam the auction took place on 13 September 2023 and the writ was finally decided on 29 July 2026.[7] In Abu Sayed Chowdhury almost two years passed between the Rule and its discharge.[9] In Amjad Hossain Molla, by contrast, the stay lasted about nine months because the petitioner defaulted.[8] At the Appellate Division, Chamber Judge orders can come within days. Just six days separated the stay and the direction to dispose in the January 2026 defaulters-list matter.[12]
A working sequence
For most clients the sequence below applies, adjusted to the forum. A stay order Bangladesh courts will maintain is one prepared with its expiry, conditions and next forum already planned.
Identify the threatened step
Fix exactly what will happen and when: execution, auction, demolition, trial date or tax recovery.
Choose the forum and power
Decide whether the stay lies under Order XXI, Order XLI rule 5, section 115, Article 102, section 561A or the Appellate Division Rules.
Build the affidavit
Swear the facts on loss, delay and earlier proceedings, and annex the order, notice or cause list showing urgency.
Offer security
Propose a deposit, bank guarantee, instalment plan or undertaking before the court asks for one.
Move and diarise
Obtain the Rule and stay, then diarise the expiry date, payment dates and return date at once.
Comply and extend
File affidavits of compliance and apply to extend the stay well before it expires.
Prepare the next forum
Have the Chamber Judge petition ready for the day the High Court Division decides, whichever way it goes.

Common mistakes to avoid
- Assuming the filing protects you: an appeal, revision, writ or leave petition does not stay anything without an order.[2] [4]
- Asking for the wrong relief: a stay of the impugned order does not necessarily stop a separate auction, demolition or trial date. Name the step to be stopped.
- Ignoring rule 5(3): a civil appeal stay without proof of substantial loss, an explanation of delay and an offer of security invites refusal.[2]
- Letting the stay lapse: a stay granted for three or six months must be extended before it expires.[7]
- Missing a condition: conditional stays fall on default, and the Rule often goes with them.[8] [9]
- Suppressing history: earlier petitions and earlier stays in the same dispute must be disclosed.[7]
- Skipping the statutory remedy: a quashing Rule obtained instead of a discharge application can be discharged as not maintainable, with the stay vacated.[10]
Stay order Bangladesh strategy for 2026
Three themes run through current practice. First, the High Court Division increasingly treats a stay as something the applicant must pay for, through instalments, deposits or security, and recalls it on default. Second, the Chamber Judge remains the decisive filter. Recent orders show a preference for directions that force the High Court Division to decide the Rule quickly over open-ended stays.[12] Third, the Commercial Courts Act 2026 channels interim challenges in commercial suits into revision within sixty days, so commercial parties must move faster than before.[6]
For an applicant, the stay order Bangladesh courts grant should be treated as a project with dates: filing, expiry, conditions, extension and the next forum. For the party resisting it, the vacating application and the request for a timetable are as important as the defence on the merits. TRW's constitutional and writ litigation team acts on stays in writ, revision and Appellate Division matters. Our banking and finance litigation practice handles auction and recovery stays, and our real estate disputes team handles land and possession cases. You can also contact TRW directly.
Frequently asked questions
Does filing an appeal automatically stay a decree in Bangladesh?
No. Order XLI rule 5(1) of the Code of Civil Procedure provides that an appeal does not operate as a stay and that execution is not stayed merely because an appeal has been filed. The appellate court must order a stay.[2]
What must I show to get a stay of execution pending a civil appeal?
Under Order XLI rule 5(3), the court must be satisfied that substantial loss may result without the stay, that the application was made without unreasonable delay and that security has been given for performance of the decree.[2]
Can the trial court stay its own decree?
Yes, if the application is made before the time for appealing expires. Order XLI rule 5(2) gives the court that passed the decree power to stay execution on sufficient cause, subject to the same three conditions.[2]
What is the difference between a stay and a status quo order?
How long does a High Court Division stay last?
An interim order of stay usually runs for a fixed period, commonly three or six months, and it must be extended before it expires. In one 2026 writ case a three-month stay was extended for six months on 8 June 2026 and recalled when the Rule was discharged on 29 July 2026.[7]
Can the High Court Division grant a stay against a development project?
Only after notice to the Attorney-General. Article 102(4) bars an interim order likely to prejudice development work or harm the public interest unless the Attorney-General has been heard and the court is satisfied the order will not have that effect.[3]
Who is the Chamber Judge and what can the Chamber Judge do?
A single Appellate Division judge, appointed by the Chief Justice, who hears applications such as stays of execution in civil and criminal proceedings and bail. The Judge's orders are subject to reconsideration by a bench of at least three Judges.[4]
What does "no order" from the Chamber Judge mean?
The Chamber Judge declines to interfere, so the High Court Division's order remains in force. The Judge may add a direction, for example that the Rule be heard quickly.[7]
Can criminal proceedings be stayed in Bangladesh?
Source register
Primary legal and regulatory sources
Materials checked on 20 October 2026. Confirm the current official text before relying on any provision.
- Code of Civil Procedure 1908 (Act No V of 1908), sections 10 and 151 — Laws of Bangladesh
- Code of Civil Procedure 1908, First Schedule (Orders XXI, XXXIX and XLI), as amended to 2026 — Laws of Bangladesh
- Constitution of the People's Republic of Bangladesh, article 102 — Laws of Bangladesh
- Supreme Court of Bangladesh (Appellate Division) Rules, 1988 (Orders V, XI, XIII, XXI and XXIV) — Supreme Court of Bangladesh
- Code of Criminal Procedure 1898 (Act No V of 1898), sections 426, 435 and 561A — Laws of Bangladesh
- Commercial Courts Act 2026 (Act No 23 of 2026) — Laws of Bangladesh
- High Court Division, Major Md Waliul Islam (Retd) v Judge, Artha Rin Adalat, Barisal, Writ Petition No 13834 of 2025 (29 July 2026)
- High Court Division, Md Amjad Hossain Molla v Bangladesh Bank, Writ Petition No 3805 of 2023 (15 January 2024)
- High Court Division, Md Abu Sayed Chowdhury v State, Criminal Miscellaneous Case No 32443 of 2021 (21 August 2023)
- High Court Division, Md Sultan Miah v State, Criminal Miscellaneous Case No 37385 of 2022 (16 August 2023)
- High Court Division, Md Mojibur Rahman v Md Bellal Hossain, Civil Revision No 2045 of 2022 (25 August 2022)
- The Business Standard, 14 January 2026 — Appellate Division upholds Chamber Court order staying HC directive on Manjurul's name in BB defaulters list
- The Business Standard, 14 September 2026 — Chamber court declines to intervene in Grameen Kalyan's Tk666cr tax case until full HC verdict
- UNB, 7 July 2026 — Over 46 lakh cases pending in country's courts: Law Minister
Related TRW assistance
Move from information to a defined next step
TRW obtains, extends and resists stay orders in civil appeals, revisions, writ petitions, quashing applications and Chamber Judge matters in the Appellate Division. Explore our constitutional and writ litigation practice or contact TRW to have an urgent stay application or vacating application prepared.