P&H - Money Decree upholds Conditional Stay Requiring Bank Guarantee; Decree-Holder Cannot Be Denied Fruits Pending Appeal

punjab-haryana
⚖️ Order Date: 04 May 2026
Headnotes
Civil Procedure Code, 1908, O.41.R.5 — Money decree — Conditional Stay - Condition to furnishing of bank guarantee with regard to decretal amount — Decree holder cannot be denied fruits of the decree merely because an appeal has been preferred - Interest to be protected so that after decision of appeal decree holder is not made to run for recovery of his money under decree - Condition upheld.  (Para 3)

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Facts of the Case
P&H - Money Decree upholds Upholds Conditional Stay Requiring Bank Guarantee; Decree-Holder Cannot Be Denied Fruits Pending Appeal The Punjab and Haryana High Court has refused to interfere with a conditional stay granted by the First Appellate Court on a money decree, reiterating that a decree-holder cannot be denied the fruits of the decree merely because an appeal has been filed. The case arose from a judgment and decree for recovery of Rs. 31,75,000 with

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