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.