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september 1987

Supreme Court of India · 1987-09-11

CENTRAL BANK OF INDIA vs STATE OF GUJARAT & ORS.

Citation / case number
SC 1987/71002
Court
Supreme Court of India
Petitioner
CENTRAL BANK OF INDIA
Respondent
STATE OF GUJARAT & ORS.
Author
MISRA RANGNATH
Bench
MISRA RANGNATH

Judgment text excerpt

The Supreme Court held that in the absence of a stay order under Order 41 Rule 1 of the CPC, the decree was executable, and the judgment-debtor's deposit of the decretal amount in the executing court was valid. The Court ruled that once the decretal dues were deposited, there was no justification for the High Court's order to refund the amount to the judgment-debtor. The Court emphasized that the High Court could either direct payment to the decree-holder with safeguards for the judgment-debtor or order the amount to be deposited or invested until the appeal's resolution.

CENTRAL BANK OF INDIA vs STATE OF GUJARAT & ORS. · Niyam