https://www.taxtmi.com/caselaws?id=98578 Admission of an appeal does not automatically stay execution or related proceedings under Order 41 Rule 5 of the Code of Civil Procedure, 1908; stay remains a judicial discretion to be exercised on the facts. On the facts stated, the proposed sale of the company's assets had been widely advertised, only one tender was received, delay was likely to prejudice the sale process, and no material showed that a better offer was likely. The proposed scheme was uncertain and contingent, while the principal creditor opposed postponement and supported the sale. The stay application was rejected and the sale was permitted to proceed. en-us Tue, 17 Dec 1968 00:00:00 +0530 Sat, 21 Jan 2012 12:16:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=98578 Admission of an appeal does not automatically stay execution or related proceedings under Order 41 Rule 5 of the Code of Civil Procedure, 1908; stay remains a judicial discretion to be exercised on the facts. On the facts stated, the proposed sale of the company's assets had been widely advertised, only one tender was received, delay was likely to prejudice the sale process, and no material showed that a better offer was likely. The proposed scheme was uncertain and contingent, while the principal creditor opposed postponement and supported the sale. The stay application was rejected and the sale was permitted to proceed. Case-Laws Companies Law Tue, 17 Dec 1968 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=98578