this
appeal shall remain liable for
future mesne profits.‖
5. Thus, conditional stay was granted on
the execution of the decree by this Court ... appeal [RFA 857/2017]
and this Court on 23.11.2017 granted a conditional stay in favour of
appellant herein subject to deposit
consequence of applying Section 87 is that due to the automatic
stay doctrine laid down by judgments of this Court--which
have only been reversed ... cases where there is no
stay, or even in cases where conditional stays are granted.
Also, an arbitral award-holder is deprived of the fruits
stay on proof of certain conditions although there are conditions
prescribed for the making of the application for stay and the period during which ... facts, the Appellate Court should not have interfered by granting a
conditional stay without giving sufficient reasons to over-ride the discretion of the
learned
power to impose any
condition while granting a stay and the stay is automatic, the
learned counsel appearing for the petitioners in the other cases ... therefore, a conditional order of stay cannot be
granted. He submits that any order granting a stay subject to
conditions will defeat the rights
party rights or making irreversible changes to the suit property.
vi. Conditional stay granted in eviction cases, matrimonial cases etc. after paying considerable amount ... unconditional or of indefinite duration. Appropriate conditions may be imposed so that the party in whose favour stay is granted is accountable if court finally
said notice. Vide order dated 30.01.2017,
Tribunal passed a conditional stay order by directing petitioner to deposit 35% of
arrear of tax. Petitioner filed Writ ... Court against the stay order dated 30.01.2017. This Court vide its order
dated 06.03.2017 stayed the conditional order of the Tribunal. This Court vide
gives power to the Court to stay any order by imposing conditions
as deemed fit. But this was not followed erroneously. It is further
contended ... recording the rival contents
put forth by the parties granted the conditional stay. However, commercial
court erred in not granting relief of withdrawal of money
reply dated October 24, 1985, the petitioner
sought to accept such offer conditionally, which was rejected on
December 6, 1985 by the respondents.
33. Upon ... finally passing the order of eviction in accordance with
law. The conditional stay order initially passed by the co-ordinate
Bench stood automatically vacated
arbitral award, the court may,
subject to such conditions as it may deem fit, grant stay of the
operation of such award for reasons ... arbitral award is sought, the
Court may, subject to conditions as it deems fit, grant stay of
operation of the award for reasons
this Court in the present proceedings, enforcement of the
demand was stayed, conditional on the petitioner depositing the
principal amount with this Court and furnishing
