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ABHAY AHUJA
Shriram General Insurance Company Limited – Appellant
Versus
Sou. Jyoti Vithoba Nahire – Respondent
ORDER
1. By these interim applications, the Applicants are seeking stay of the operation, implementation and execution of the respective impugned judgments and awards passed by the respective Motor Accident Claims Tribunals.
2. Since an issue was raised with respect to the interpretation/construction of sub-rule (3) of Rule 3-A of Order XLI of the Code of Civil Procedure, 1908 ( the 'CPC') which directs that the Court shall not make order of stay of execution pending disposal of the application for condonation of delay made under Order XLI Rule 3-A (1) as to whether the said Rule was imperative or permissive, this Court had vide order dated 3rd August, 2023 in Interim Applications no. 13789 of 2023 and 13790 of 2023 in First Appeal Stamp No. 15533 of 2023 after briefly hearing the learned Counsel for the applicant in the light of Division Bench decision of this Court ( by Hon'ble Shri Justice G. H. Guttal and Hon'ble Shri Justice P. V. Nirgudkar, as their Lordships then were) in the case of Bhagwan s/Ganpantrao Godsay Vs. Kachrulal s/Bastimal Samdariya and in connected matters Civil Revision Applications No. 6, 8, 9 and 10 of 1986 decided on 23rd January, 1987 had invited other learn
The interpretation of procedural rules, particularly the distinction between mandatory and permissive language, is crucial in determining the court's authority to grant interim relief in the context ....
In a time-barred appeal under Section 173 of the Motor Vehicles Act before the High Court, stay of execution of the award cannot be granted, so long as the delay condonation matter is not decided fin....
The 30-day period to file a reply under Order XIII-A of CPC is directory, allowing for condonation of delay subject to sufficient cause and costs.
Order 21 Rule 29 CPC applies only when both the execution proceedings and the suit between the decree-holder and judgment debtor are pending before the same Court. Section 151 CPC cannot be used to s....
The Court cannot grant interim relief after a certificate for appeal has been issued, as it lacks jurisdiction to modify dismissed orders.
Order XXI Rule 29 of Code is stay of execution pending suit between decree-holder and judgment-debtor.
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