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Monday, February 13, 2012

Stay while appeal is pending

In Mool Chand Yadav v. Raza Buland, (1983) 1 LCD 109 (SC), the Hon'ble Supreme Court has held that recovery proceedings are to be stayed pending an appeal, and as such unless the same is done the appeal may be rendered nugatory. The same is an oft quoted principle, and has consistently been followed by the courts such as in  Radha Rani Cold Storage v. UP State Cold Storage, (2009) 27 LCD 1391 (DB) and in Ram Lochan v. Addl Comsr, (2010) 29 LCD 1422

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