AI Overview...
- Withdrawal of Deposited Amounts During Appeals - Courts frequently allow or regulate the withdrawal of amounts deposited under stay orders or during appeal processes. Conditions often include furnishing security and compliance with court directives. For example, courts have permitted withdrawal after ensuring security (e.g., Manibhai and Brothers VS Birla Cellulosic - Gujarat, Central Academy Education Society VS UOI - Rajasthan, RELIANCE GENERAL INSURANCE CO. LTD. vs VIRALBEN DIVYESHBHAI GHADIYA & ORS. - Gujarat) and have clarified that depositors can access funds subject to specific terms.
- Circumstances and Conditions for Withdrawal - Withdrawal is typically permitted when the appellant or judgment-debtor satisfies court conditions, such as providing security or complying with procedural requirements. Courts have also distinguished between deposits made by individuals, companies, or corporate debtors, allowing withdrawal in cases where the stay or appeal is pending (Siti Networks Ltd vs Rajiv Suri - Bombay, Kamal and Company VS Kamla Devi - Rajasthan, NAGAR PALIKA VS CONTROLLING AUTHORITY, PAYMENT OF GRATUITY AND ORS. - Allahabad).
- Legal Clarifications and Court Orders - Courts have issued clear guidelines on withdrawal during stay or appeal, emphasizing the importance of security and adherence to procedural norms. Supreme Court rulings have explicitly permitted withdrawal of guarantees or deposits made by corporate debtors (Siti Networks Ltd vs Rajiv Suri - Bombay, Central Academy Education Society VS UOI - Rajasthan).
- Main Insights - Withdrawal of deposited amounts during appeals is permissible under court supervision, often contingent upon security and compliance. Courts aim to balance the rights of parties to access deposited funds with the need to safeguard court interests and ensure proper conduct during appellate proceedings.
- Conclusion - The general principle is that amounts deposited under stay orders or during appeals can be withdrawn upon fulfilling specific conditions set by courts, including security deposits and procedural compliance, ensuring that the process respects legal safeguards and the interests of all parties involved.
Search Results for "Withdrawal of Amount Depsoited in Appeal as Per Order of Stay"
2016 0 Supreme(Raj) 1712 • India - Rajasthan
AJAY RASTOGI, JAINENDRA KUMAR RANKA
have primary objects of imparting education - Appellant society had 23 branches in various parts of the State in the year under appeal ... can be denied because of misappropriation/ misutilisation of funds and it can be a good reason to disallow exemption of the Act - Appeal ... valid receipts and documents, and taking into consideration, the Court denied the benefit - When we peruse the facts of the present appeal ... of amount having been deposited. ... In the result the question is answered in favour....
1993 0 Supreme(Raj) 690 • India - Rajasthan
M.B.SHARMA
of that Company and it facilitated the withdrawal of the amount to a fictitious person, whether the Company (Kama) and Company) ... If the loss of the passbook deposited/pledged with the dealer is due to the negligence of the dealer and it facilitated the withdrawal ... , in case the amount has been withdrawn by a fictitious person? ... for withdrawal. ... Civil Second Appeal No. 78/1982 , it may be stated that on 21.3.1983, this court while admitting the case, in the....
2024 0 Supreme(Telangana) 1225 • India - High Court of Telangana
K.SURENDER
... ... Issues: The main issues involved whether the decree holder could withdraw the deposited amount and the applicability of stay ... from security deposits during appeals - The executing court failed to recognize prior court directives on withdrawal. ... provisions during an appeal. ... On the other hand, learned counsel appearing for the judgment debtor would submit that under Order 41 Rule 6, the amount has been deposited and....
2024 Supreme(Online)(DEL) 13774 • India - High Court of Delhi
The petitioner deposited the entire awarded amount before the Registrar General of the Court as per the stay order granted by the ... The Predecessor Bench of the Court dismissed the writ petition and the petitioner filed an appeal which was also dismissed. ... The petitioner filed an application seeking directions to withdraw the deposited amount and issue a Demand Draft in favor of the ... It is submitted that the present application has been filed....
2025 Supreme(Online)(Guj) 7365 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.Y. KOGJE, N.S.SANJAY GOWDA, JJ
The application is partially allowed with specific directions on the withdrawal and investment of the awarded amount. ... appeal. ... This judgment pertains to First Appeal No. 1106 of 2025 involving the appellant's challenge to the judgment and award of the Motor ... KOGJE and HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 15/07/2025 ORAL ORDER (PER : HONOURABLE MR. JUSTICE A.Y. KOGJE) Order in First Appeal No.1106 Of 2025 The Appeal#HL_END....
2016 0 Supreme(Guj) 188 • India - Gujarat
HARSHA DEVANI, G.B.SHAH
The court noted the practice of permitting withdrawal of the amount deposited by the judgment-debtor for stay of execution of the ... The court allowed the withdrawal of the entire amount subject to conditions for providing security towards withdrawal. ... The applicant, a partnership firm engaged in construction activities, sought permission to withdraw the amount deposited by the ... The court made it clear that while deciding an....
2024 Supreme(Online)(Bom) 8129 • India - High Court of Bombay
HON'BLE SHRI JUSTICE B.P. COLABAWALLAHON'BLE SHRI JUSTICE SOMASEKHAR SUNDARESAN
The Supreme Court’s order allowed withdrawal of the guarantee and clarified that funds deposited by a corporate debtor, though in ... of appeal and request to release a deposit of Rs. 20,00,000/- made in Court. ... Insolvency and Bankruptcy Code, 2016 - Sections 3(8) and 14 - Corporate Insolvency Resolution Process (CIRP) - Appellant seeks withdrawal ... For the reasons set out in this judgement, we have allowed such withdrawal of the Appeal, and of the depo....
2017 0 Supreme(Guj) 1186 • India - Gujarat
R.SUBHASH REDDY, A.G.URAIZEE
Civil Procedure – Civil Applications are filed seeking review of common judgment passed in Letters Patent Appeal ... From a perusal of the guidelines issued earlier, this Court permitted for withdrawal of 25% of the deposited amount of compensation on furnishing security to the satisfaction of the District Judge and further 25% of the amount determined is permitted to be withdrawn by the original claimants without ... While disposing of the said Letters Patent Appeals, for the purpose ....
1988 0 Supreme(All) 325 • India - Allahabad
R.S.DHAVAN
, as the stay order was sought by the petitioner and the withdrawal of the amount was subject to furnishing security. ... amount as per Section 8 of the Act. ... Gratuity Act, 1972, despite the interim stay order granted by the court. ... The argument that the employee could have withdrawn half the amount but did not do so, is misconceived. The interim order was sought by the employer. The withdrawal#HL_E....
2025 Supreme(Online)(Guj) 7591 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.Y. KOGJE, N.S. SANJAY GOWDA, JJ
It was determined that the Insurance Company had deposited the awarded amount. ... The court examined the application for a stay pending the appeal of a Motor Accident Claims Tribunal judgment. ... until the appeal is resolved. ... as per order dated 14.10.2024 by the Insurance Company before the Tribunal concerned, learned advocate for the applicants - original opponents has prayed for withdrawal of the said amount. ... [3] Consid....
Filter by Legal Phrase
