SUPREME COURT: ENTERTAINMENT OF AN APPEAL AND STAY OF PROCEEDING PURSUANT TO IMPUGNED ORDER IN THE APPEAL HAVING DIFFERENT ASPECTS. Entertainment of an appeal and stay of proceeding pursuant to order impugned in the appeal stands at different footings, at two different stages. One (pre-deposit) has no nexus with merit of the appeal and the other (grant of stay) depends on prima facie case; balance of convenience and irreparable loss of party seeking such stay. On plain reading of the Section 19 of the C.P.Act, we find that the second proviso to Section 19 of the Act mandates pre-deposit for consideration of an appeal before the National Commission. A condition to deposit 50% of the amount in terms of an order of the State Commission or 35,000/- whichever is less, being condition precedent for entertaining an appeal by the National Commission.Unless the appellant has deposited the pre-deposit amount, the appeal cannot be entertained by the National Commission. it has no nexus with the order of stay, as such an order may or may not be passed by the National Commission. Condition of pre-deposit is to avoid frivolous appeals. If the National Commission after hearing the appeal of the parties in its discretion wants to stay the amount awarded, it is open to the National Commission to pass an appropriate interim order including conditional order of stay. In view of the finding recorded above, the interference with the impugned order dated 15th May, 2012 passed by the National Commission is not called for. In absence of any merit, the appeals are accordingly dismissed. CIVIL APPEAL NO. 9052 OF 2014 (ARISING OUT OF SLP (C) NO.21668 OF 2012) WITH OTHER CONNECTED CIVIL APPEALS. DECIDED ON 7-7-2014. M/S SHREENATH CORP. & ORS. VERSUS CONSUMER EDUCATION & RESEARCH SOCIETY & ORS.
Posted on: Sun, 27 Jul 2014 12:15:01 +0000
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