Tuesday, October 14, 2025

Stay of Execution of a Decree

Stay of Execution of a Decree

Benefit of stay of execution of a money decree may be granted by the Appellate Court unconditionally, if it: i. is egregiously perverse; ii. is riddled with patent illegalities; iii. is facially untenable; and/or iv. such other exceptional causes similar in nature. There is no provision under Order XLI Rule 5 of the Code of Civil Procedure, 1908 imposing a mandate to deposit cash security as the only mode of security for execution of the decree. - Lifestyle Equities C.V. v. Amazon Technologies Inc [2025] GCtR 1600 (SC)

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