SIDDHARTH MRIDUL, J

CM 27761/2016 (Stay)

1. The present application under Order 41 Rule 5 of the Code of Civil Procedure, 1908 (in short ‘the Code’) essentially seeks stay of execution of the judgment and decree dated 18.05.2016 impugned in the accompanying appeal.

2. By way of order of even date the trial court disposed of an application under Order 37 Rule 3(5) of the Code filed on behalf of the appellant- Unity Infraprojects Limited (hereinafter referred to as ‘Unity’). The said application was instituted on behalf of Unity in a suit being CS No.69/2016 instituted on behalf of the respondent- Neptune Systems Private Limited (hereinafter referred to as ‘Neptune’), against the former for recovery of Rs.81,97,448/- along with pendente lite and future interest.

3. The facts as are necessary for the determination of the present application are as follows:-

(i) Neptune is in the business of manufacturing of various electrical technologies and is stated to be a well renowned company with tremendous experience in the business.

(ii) Unity is a public limited company and principally oper