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july 2008

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.

Rama Automobiles vs Kailash Motors Finance Ltd.& Ors · Niyam