Supreme Court · 2008 INSC 102 · Decided 25 January 2008
B.P. Agarwal and ANR. v. ~ Dhanalakshmi Bank Ltd: and ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 102 · [2008] 2 S.C.R. 28
- Case number
- CIVIL APPEAL No. 922/2002
- Decided
- 25 January 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
·.Code of Civil Procedure, 1908: O.XLI, r. 1 (3) - Appeal against money decree - No c application for stay filed - High Court directed the appellant to:deposit money in Trial Court within specified time - Held: In absence of any application for stay, High Court could not have ·passed accordingly vacated. High Court, in exercise of jurisdiction under Order D XLI Rule 1 (3) of CPC, directed the appellant to deposit a sum of Rs.5,00,000/- in Trial Court within a particular time. E The contention of the Appellant is that the High Court could not have referred to Order XLI
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