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Code Of Civil Procedure

Vikas Kamalakar Walawalkar v. Deputy Salt Commissioner -Order XLI Rule 8 (5) CPC

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Code of Civil Procedure 1908 - Order XLI Rule 8 (5)- Appellate court have jurisdiction to put the parties seeking stay order on such terms as would reasonably compensate the party successful at the end of the appeal (Para 15)- The power to grant stay is discretionary and flows from the jurisdiction conferred on it which is equitable in nature. To secure an order of stay merely by preferring the appeal, is not a statutory right conferred on an appellant and so also the appellate court is not required to grant order of stay merely because an appeal has been preferred and an application for an order of stay has been filed. Therefore, the applicant for being eligible to an order of stay must do equity for seeking equitable order. In other words, doctrine of in pari delicto would be squarely applicable. The court would lend its hands of justice who does justice.(Para 14)

Case Info

Case Name and Neutral Citation

  • Case Name: Vikas Kamalakar Walawalkar v. The Deputy Salt Commissioner & Ors.
  • Neutral Citation: Civil Appeal No. of 2025 (@SLP (C) No.10687/2025), Supreme Court of India, Order dated 20 August 2025

Coram

  • Hon’ble Mr. Justice Aravind Kumar
  • Hon’ble Mr. Justice N.V. Anjaria

Judgment Date

  • 20 August 2025

Caselaws and Citations Referred


The judgment refers to the following Supreme Court decisions:

  1. Mool Chand Yadav v. Raza Buland Sugar Co. Ltd.Citation: (1982) 3 SCC 484
  2. Pabbathi Venkataramaiah Chetty v. Pabbathi N. Rathnamaiah ChettyCitation: (2007) 3 SCC 151
  3. Hyderabad Metropolitan Water Supply & Sewerage Board v. P. Satyanarayana RaoCitation: (2009) 12 SCC 263
  4. Deoraj v. State of MaharashtraCitation: (2004) 4 SCC 697
  5. Atma Ram Properties (P) Ltd. v. Federal Motors (P) Ltd.Citation: (2005) 1 SCC 705

Statutes / Laws Referred

  • Order 41 Rule 5, Code of Civil Procedure, 1908(Relating to the appellate court’s power to grant stay)
  • Principle of audi alteram partem(Principles of natural justice)
Vikas Kamalakar Walawalkar v. Deputy Salt Commissioner -Order XLI Rule 8 (5) CPC
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