Authority: Supreme Court of India

Order Date: 06-10-2026

Case Overview

  • Petitioners: M/s Lucky Poultry Farm (and others) vs Respondent: M/s Sampoorna Feeds Private Ltd.
  • The Special Leave Petition (Civil) Diary No.52950/2026 arises from the impugned final judgment and order dated 12‑05‑2026 passed by the High Court of Punjab & Haryana (CM No.8/2026) concerning an application for stay in an appeal against a money decree.
  • The High Court had noted Order XLI Rule 5 of the Code of Civil Procedure, 1908, required the appellants to secure the decreed amount, refused the interim stay, and noted the appellants' inability to deposit money, offering only a partial bank guarantee.
  • Petitioners approached the Supreme Court seeking condonation of delay in filing the SLP and exemption from filing a copy of the impugned judgment.

Observations & Reasoning

  • The Court held that the High Court need not have obtained the appellants’ consent to pass an order securing the decree amounts; even without full deposit or guarantee, the High Court was within its powers, and non‑compliance would render the order unenforceable.
  • The Court opined that the matter could be settled without issuing notice to the respondent as no prejudice would be caused.

Directions

1. Delay in filing the SLP is condoned; exemption application is allowed.

2. An order of stay of the decree in Civil Suit No.1 of 2022 (issued by the Additional District Judge‑I, Kapurthala) is granted, conditional upon the petitioner furnishing a bank guarantee for the entire decretal amount together with interest up to the date of the guarantee.

3. The bank guarantee must be filed before the High Court within four weeks from the date of this order.

4. Interim stay remains effective until the guarantee is furnished; if the guarantee is furnished, the stay continues until the appeal is disposed.

5. Failure to furnish the guarantee, or refusal to re‑validate it while the appeal is pending, will vacate the stay and allow the plaintiff to execute the decree.

6. The Special Leave Petition is disposed of with the above directions; any pending applications also stand disposed.

Final Outcome

  • The Supreme Court condoned the filing delay, allowed exemption, and imposed a conditional stay on the 2022 decree, linking its continuance to the provision of a full bank guarantee; all pending applications are dismissed.

Topics: Legal Proceedings, Civil Decree Stay