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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Mohd. Sidik - Appellant
Versus
Vineeta Gupta - Respondent
C.R.P. 41 of 2022
Decided On : 05-08-2022
No, there is no ground for stay when the petitioner had ample opportunity to contest the claim petition and had already withdrawn its earlier appeal before the court. (Para 4 , 5 , 7 )
Yes, the court must balance both parties' contentions, but in this case the balance weighs against granting stay as the petitioner failed to contest the claim when it had the opportunity. (Para 6 , 7 )
No, merely challenging a review order under Section 114 read with Section 151 CPC does not provide sufficient grounds to stay execution proceedings. (Para 2 , 7 )
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CM APPL. 34551/2022
1. The present application has been filed for stay of execution proceedings bearing Execution No. 121/2017 titled as "Vineeta Gupta & Anr. Noor Alam & Anr." pending in the Court of learned PO, MACT-02, Central District, Tis Hazari Courts, Delhi.
2. It is pertinent to mention that the petitioner is the owner of the truck. The award in this case was passed as back as 21st April, 2012. The order under challenge is the order passed by learned MACT on application under Section 114 read with Section 151 CPC for review of judgment/award dated 21st April, 2012
3. Learned counsel for the petitioner states that he is liable to succeed in his petition and therefore for the time being execution proceedings be stayed.
4. I am not impressed with the contention of the learned counsel for the petitioner. The son of the respondent, a young boy namely Anuj Gupta lost the life in the accident. The petitioner had ample opportunity to contest the claim petition.
5. It is also relevant to note that the petitioner had preferred an appeal before this Court which was withdrawn by him in May, 2016.
6. This Court has to meet the balance between the contention of the petitioner and that of the respondent i.e. Legal Representative of the deceased.
7. In case, the petitioner succeeds, he may institute appropriate proceedings for recovery of the money. However, as of now, there is no ground for stay of execution proceedings, hence, the present application is dismissed.
A petitioner must demonstrate substantial grounds to stay execution, particularly when prior opportunities to contest the claim have existed.
The violation of conditional order of stay and the executability of the decree against a dead person were central legal points established in the given judgment.
The executing court cannot stay execution of its own decree; such authority lies with the appellate court.
A stay of execution in civil proceedings can be granted during the pendency of an appeal when sufficient cause is shown, pursuant to Order 21 Rule 26 of the CPC.
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