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 interest. When the defendant appealed, the Additional District Judge granted stay of the decree under O.41.R.5 of Code of Civil Procedure, subject to the appellant furnishing a bank guarantee equivalent to the decretal amount and interest. The appellant challenged this “conditional stay” before...
