Inherent powers and remand proceedings: interim stay refused where the appeal's maintainability was questioned

Inherent powers under Section 151 CPC may be invoked to seek interim stay of proceedings after a remand order, but such relief can be refused where the maintainability of the appeal is itself under challenge. The Court found it inappropriate at that stage to interdict further proceedings when the respondent disputed whether the appeal was maintainable. Interim stay was therefore declined and the application dismissed.

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Issues: Whether interim stay of proceedings pursuant to the remand order could be granted pending disposal of the appeal when the maintainability of the appeal itself was questioned.

Analysis: The request was for exercise of the Court's inherent powers under Section 151 of the Code of Civil Procedure, 1908 to stay further proceedings arising from the remand order. The Court declined to grant interim relief because the respondent had raised a challenge to the maintainability of the appeal itself, and at that stage it was not appropriate to interdict the proceedings.

Conclusion: Interim stay was refused and the application was dismissed.

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