The Supreme Court of India, in a significant judgment, has held that an appellate court has the discretion to grant an unconditional stay on the execution of a money decree in “exceptional cases,” such as when the decree is egregiously perverse, riddled with patent illegalities, or facially untenable. A bench comprising Justice J.B. Pardiwala and Justice K.V. Viswanathan dismissed a Special Leave Petition filed by Lifestyle Equities C.V., upholding a Delhi High Court order that had granted an unconditional stay on a money decree of over ₹336 crores against Amazon Technologies Inc. The Court clarified that while the norm is to require a deposit of the decretal amount, this is a rule of prudence and not a mandatory legal requirement under the Civil Procedure Code, 1908.

Background of the

See Full Page