Interim stay conditions may be relaxed where substantial liability is already paid and equity supports conditional protection

The High Court modified the condition attached to interim stay in a pending appeal after noting that the petitioner had already discharged more than half the liability and that the appeal had been entertained with conditional protection. To balance the equities, the Court reduced the payment required for interim relief and extended the time for compliance, while leaving the appeal to be decided by the appellate authority in accordance with law.

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Issues: Whether the condition imposed for availing interim stay in the pending appeal required modification.

Analysis: The petitioner had already satisfied more than half of the liability and the appellate authority had entertained the appeal and granted conditional stay. To balance the equities, the Court modified the earlier condition and reduced the amount to be paid for availing interim protection, while leaving the appeal to be decided by the appellate authority in accordance with law.

Conclusion: The condition for interim stay was modified by directing payment of one lakh rupees and security for the balance within the extended time granted.

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