M/S. Lancer Finance vs The Competent Authority on 20 December, 2024
15. Learned counsel also relied upon the order passed by
Calcutta High Court in WPA 11123 OF 2020 decided on
16.04.2021 in DEIFIC ABODE LLP VS. UNION OF INDIA &
ORS. and brought to notice of this Court observation made in
paragraph No.11, wherein it is held that the effect of the order of
18
stay in a pending appeal before the Apex Court does not amount
to 'any declaration of law' but is only binding upon the parties to
the said proceedings and at the same time, such interim order
does not destroy the binding effect of the judgment of the High
Court as a precedent because while granting the interim order,
the Apex Court had no occasion to lay down any proposition of
law inconsistent with the one declared by the High Court which is
impugned. Learned counsel for respondent No.1 referring these
judgments would vehemently contend that, if any interim order
is granted, the same binds only the parties and not others.