Popular Caterers v. Ameet Mehta 2025 INSC 1354 - Arbitration - CPC - Order XLI Rule 5
Code of Civil Procedure 1908 - Order XLI Rule 3,5 -For the purpose of granting of benefit of unconditional stay of the execution of money-decree, it has to be established more than prima facie that: (i) The decree is egregiously perverse, (ii) is riddled with patent illegalities, (iii)is facially untenable; and/or (iv) such other exceptional causes similar in nature. (Para 26) [Context: Supreme Court held that the the case in hand does not fall in any of the aforesaid categories so as to seek the benefit of unconditional stay of the arbitral award which is in the form of a money-decree]
Case Info
Key Details
- Case name: Popular Caterers v. Ameet Mehta & Ors.
- Neutral citation: 2025 INSC 1354
- Coram: J.B. Pardiwala, J. and K.V. Viswanathan, J.
- Judgment date: 18 November 2025
Caselaws and citations relied on
- Lifestyle Equities C.V. and Another v. Amazon Technologies Inc. — 2025 INSC 1190
- Hindustan Construction Company & Anr. v. Union of India & Ors. — (2020) 17 SCC 324
- BCCI v. Kochi Cricket Pvt. Ltd. — (2018) 6 SCC 287
- Sepco Electric — Delhi High Court judgment affirmed by Supreme Court (quoted for Section 36(3) stay principles)
- Pam Developments Pvt. Ltd. v. State of West Bengal — (2019) 8 SCC 112
- ITD Cementation India Ltd. v. Urmi Trenchless Technology Pvt. Ltd. — 2020 SCC OnLine Bom 10611
Statutes/laws referred
- Arbitration and Conciliation Act, 1996: Section 34; Section 36(2) and Section 36(3) with first and second provisos; Arbitration and Conciliation (Amendment) Act 2015; Amendment Act 2019 (Section 87; repeal of Section 26); Amendment Act 2021 (retrospective second proviso to Section 36(3))
- Code of Civil Procedure, 1908: Order XLI Rule 5 (stay of decree; security/deposit); Order XXVII Rule 8A(government exemption from furnishing security)
- Constitutional reference: Article 14 (in context of HCC case declaring amendments arbitrary)
When can unconditional stay of execution of money decree be granted?#SupremeCourt reiterates: https://t.co/zSn2NDrpnM pic.twitter.com/BAA6FHLAmC
— CiteCase 🇮🇳 (@CiteCase) November 25, 2025