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1 - 2 of 2 (0.21 seconds)Harbanslal Sahnia And Anr. vs Indian Oil Corpn. Ltd. And Ors. on 20 December, 2002
46. It must be remembered that stay of an action initiated by
the State and/or its agencies/instrumentalities for recovery of
taxes, cess, fees, etc. seriously impedes execution of projects
of public importance and disables them from discharging
their constitutional and legal obligations towards the
citizens. In cases relating to recovery of the dues of banks,
Signature Not Verified
Digitally signed By:SHITU
NAGPAL
Signing Date:18.11.2021
10:46:05 W.P.(C) 12922/2021 Page 5 of 7
financial institutions and secured creditors, stay granted by
the High Court would have serious adverse impact on the
financial health of such bodies/institutions, which (sic will)
ultimately prove detrimental to the economy of the nation.
Therefore, the High Court should be extremely careful and
circumspect in exercising its discretion to grant stay in such
matters. Of course, if the petitioner is able to show that
itscase falls within any of the exceptions carved out in
Baburam Prakash Chandra Maheshwari v. Antarim Zila
Parishad [AIR 1969 SC 556] , Whirlpool Corpn. v. Registrar
of Trade Marks [(1998) 8 SCC 1] and Harbanslal Sahnia v.
Indian Oil Corpn. Ltd. [(2003) 2 SCC 107] and some other
judgments, then the High Court may, after considering all
the relevant parameters and public interest, pass an
appropriate interim order."
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