rule (3) of Rule 5, no order of stay of execution shall be
made under sub-rule (1) of Rule 5 unless the appellate court ... history of incorporation of
sub-rule (3) of Rule 1 and sub-rule (5) of Rule 5 of Order XLI in
the Code makes
proceeding under Order XLI, therefore security cannot be
sought, the appellants' application itself is under Order XLI
Rule 5 of the Civil Procedure Code ... purposes referred to therein.
12. Order XLI Rule 5 of the CPC requires to seek
security from the applicant for due performance of the
decree
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
lakh only) by way of security in
terms of the provision contained in Order XLI Rule 5 of the
Code of Civil Procedure
appellant enjoyed an
order for security. The security was refused by the trial court and,
ultimately, this court directed security to the extent ... order in the nature of an attachment before
judgment or for security to be furnished.
The respondent refers to Order XLI Rule 5
furthermore, Order XLI Rule 5(5) of the Civil
Procedure Code says that notwithstanding anything contained in
the foregoing sub-rules, where the appellant fails ... Since Order XLI Rule 5(5) Civil Procedure Code
prohibits to grant stay if the decretal amount has not been
deposited or the security
Apex Court in the said case having regard to the Order XLI Rule 5 of the Civil
Procedure Code held that the grant of stay ... following facts :
(I) The security to be furnished for the due performance of the decree
or order as may be ultimately passed being furnished
objections, by the
order dated 16.12.2016 allowed the application filed
by the present petitioner-defendant under Order XLI
Rule 5(1) r/w Section ... petitioner that, under Order XLI
Rule 3, the Court can exercise its power is
concerned, Order XLI Rule 3 clearly depicts that
where the appeal
amount and furnish the security for the
balance amount within two weeks, on his application filed
under Order XLI Rule 5
The Managing Director Karnataka State ... vs Sri M Gangaraju on 27 July, 2017
IN THE
