order staying the execution of the decree.]"
6.........."
A bare reading of sub rule (5) of Rule 5 of Order XLI makes ... furnishes security as specified in sub-rule
(3) of Rule 1 of Order XLI. The language used in Rule (8-A) of Order XXVII
take Order
XLI Rule 5 of the CPC into consideration while deciding an application for
stay of an award; such an order is discretionary ... that under Order XLI Rule 5 CPC , the
Court has the power to direct full or part deposit and / or to furnish security
from Court, Mrs. Rath submits, her client is ready to
put in security as Court will direct. Submission to that effect
was made before ... said order that security was required of
petitioner but petitioner refused to put in the same.
5. Rule 5 in order XLI, Code of Civil
contemplation of Order XLI Rule 5(5) of the Code of Civil Procedure ,
1908 [hereinafter, " CPC "], read with Order XLI Rule ... concerned, Mr. Kapur submits that Order XLI of the CPC ,
particularly Rules 1(3) and 5(5), permit security to be offered in a
form
principles under Order XLI Rules 1 and 5 of the CPC governing
grant of stay of a money decree. Order XLI Rule ... security as the Court may deem fit. Order XLI Rule
5(5) contemplates a deposit or a security as condition precedent for an order
Order 41 Rule 5 sub-Rule (3) mandates that no order for stay
of execution shall be made under Order XLI Rule 5(1) unless ... securities specified in Order XLI Rule 1(3). Order XLI
Rule 5(5) is set out below followed by Order XLI Rule
Court shall require] such security from, or impose such condition
upon, the judgment-debtor as it thinks fit.
Order XLI Rule 1(3):
1. Form ... Court may think fit.
Order XLI Rule 5(3)(c)
5. Stay by Appellate Court.--(1) xxxxxx
(3) No order for stay of execution shall
security in respect of the awarded amounts. The applicability of the provisions of sub-rule (5) of
Rule 1 of Order XLI to the present ... award the applicability of the provisions of sub-rule (5) of Rule 1 of
Order XLI arose for the first time before the appellate Court
stay of an award. Order XLI Rule 5 of the Code of Civil
Procedure is very relevant. Sub-Rules 2 and 3 provide as follows ... Order XLI Rules 5 and6.
If Section 19 of 2006 Act and Section 36 and Order XLI Rules 5 and 6 and
Order XXVII Rule
Although we are of the firm view that the archaic Rule
8A of Order XXVII CPC has no application or reference in
the present times ... Rule 8A of CPC
are to be applied, the same would only exempt the
Government from furnishing security whereas under Order
XLI Rule 5
