Supreme Court of India · 2008-07-14
Rama Automobiles vs Kailash Motors Finance Ltd.& Ors
- Court
- Supreme Court of India
- Petitioner
- Rama Automobiles
- Respondent
- Kailash Motors Finance Ltd.& Ors
- Bench
- Cyriac Joseph, S.B. Sinha
Judgment text excerpt
The Supreme Court held that the High Court erred in directing the appellant to deposit the entire decreetal amount without considering the proviso to Sub-rule (3) of Rule 1 of Order 41 of the Code of Civil Procedure (CPC), which allows for dispensing with the deposit for sufficient cause. The Court found that no sufficient cause existed to invoke this proviso, thus upholding the High Court's order while granting the appellant eight weeks to deposit the remaining amount, as 50% had already been deposited. The appeal was dismissed with this direction.