Supreme Court · 2008 INSC 1489 · Decided 18 December 2008
M/S. Malwa Strips PVT. LTD. v. M/S. Jyoti LTD.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1489 · [2008] 17 S.C.R. 1297
- Case number
- CIVIL APPEAL No. 7410/2008
- Decided
- 18 December 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Companies Act
Headnote
Code of Civil Procedure, 1908 ~ 0. XL/ r. 1(3), 5(1) and A 8. (3) - Appeal against money decree - Stay of execution of decree pending appeal, even though judgment debtor not c depositing decretal amount - Held: Not justified - While granting stay of execution of decree, sufficient cause must be at the conclusion that it would cause undue hardship tQ judgment debtor if ordinary rule to direct payment ofdecretal amount or part of it and/or D directly through judgment debtor to secure the payment is granted - Hence, judgment debtor directed to deposit the sum and furnish security
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