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SUPREME COURT OF INDIA

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PETITIONER:

CENTRAL BANK OF INDIA

Vs.

RESPONDENT:

STATE OF GUJARAT & ORS.

DATE OF JUDGMENT11/09/1987

BENCH:

MISRA RANGNATH

BENCH:

MISRA RANGNATH

DUTT, M.M. (J)

CITATION:

1987 AIR 2320 1988 SCR (1) 106

1987 SCC (4) 407 JT 1987 (3) 552

1987 SCALE (2)510

ACT:

Code of Civil Procedure 0.41, r. 5(1)-Exercise of power

to stay execution of a decree-When an amount has been

deposited pursuant to an order of execution the appellate

court cannot order its refund to the judgment-debtor.

HEADNOTE:

The respondent filed a first appeal in the High Court

against a decree and an application for stay of its

operation. Before any order was made in the stay

application, the appellant, who was the decree-holder,

levied execution, pursuant to which the respondent deposited

the decretal amount in the executing court. The respondent

moved the High Court for an order stay of further

proceedings in execution. The High Court passed an order of

stay in the application already pending before it and

directed refund of the amount deposited in the exec