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december 2008

Supreme Court of India · 2008-12-18

M/S.MALWA STRIPS PVT.LTD. vs M/S.JYOTI LTD.

Citation / case number
SC 2008/18456
Court
Supreme Court of India
Petitioner
M/S.MALWA STRIPS PVT.LTD.
Respondent
M/S.JYOTI LTD.
Author
S.B. Sinha
Bench
S.B. SINHA,CYRIAC JOSEPH, , ,

Judgment text excerpt

The Supreme Court held that the High Court erred in staying the execution of a money decree under Order XXXVII of the Code of Civil Procedure, 1908, as the respondent failed to deposit the admitted amount. The Court emphasized that a stay of execution is not a universal principle and should be granted based on the facts of the case, but in this instance, the respondent had not raised a bona fide defense. The Court reinstated the decree in favor of the appellant, thereby allowing the execution of the judgment.

M/S.MALWA STRIPS PVT.LTD. vs M/S.JYOTI LTD. · Niyam