Supreme Court of India · 2008-12-18
M/S.Malwa Strips Pvt.Ltd vs M/S.Jyoti Ltd
- Citation / case number
- AIR 2009 SUPREME COURT 1581
- Court
- Supreme Court of India
- Petitioner
- M/S.Malwa Strips Pvt.Ltd
- Respondent
- M/S.Jyoti Ltd
- Author
- S.B. Sinha
- Bench
- Cyriac Joseph, S.B. Sinha
Judgment text excerpt
The Supreme Court held that under Order XXXVII of the Code of Civil Procedure, 1908, a conditional leave to defend a summary suit is deemed refused if the condition is not fulfilled. The Court found that the High Court erred in staying the execution of a money decree, emphasizing that such stays are not typically granted unless substantial grounds are shown. The Court upheld the trial court's decree in favor of the appellant, asserting that the respondent's failure to deposit the admitted amount justified the decree's execution.