Stay on execution of money decree set aside as Judge imposed ‘lenient conditions’ on judgment-debtor: Bom HC

Bombay High Court: A Single Judge Bench comprising of S.B. Shukre, J. allowed a writ petition filed against the order of District Judge whereby he stayed the execution of a money decree passed in favour of the petitioner.

The said order was challenged on the ground that the District Judge while granting the order of stay did not discuss and adjudicate upon the material facts which ought to have been done. Furthermore, it was submitted that the District Judge, while imposing conditions for stay a money decree, could not have imposed very lenient conditions as was done by him. it is pertinent to note that the claim amount on which the decree was passed amounted to Rs 96 lakhs. While staying its execution, the Judge had directed the respondent to deposit a paltry sum of Rs. 5 lakhs. This according to the petitioner, was nothing but a travesty of justice.

The High Court referred to Sihor Nagar Palika Bureau v. Bhablubhai Virabhai & Co., (2005) 4 SCC 1 wherein it was held that a money decree should not be ordinarily stayed unless some exceptional reasons were given. Furthermore, in Malwa Strips (P) Ltd. v. Jyoti Ltd., (2009) 2 SCC 426, it was held that even though there is a discretion for staying the execution of the decree, by imposing suitable conditions, the discretion must be exercised judiciously. In the instant case, it was noted that the District Judge had not given any reason for grant of stay. Further, the condition of depositing Rs 5 Lakhs imposed on respondent as mentioned above was not found satisfactory by the Court. In such circumstances, the petition was allowed. The order impugned was set aside and the matter was remanded back to the District Judge for reconsideration. [Aloka Jaigopal Biswas v. Dalia,2018 SCC OnLine Bom 4051, dated 23-10-2018]

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