Mere filing of appeal would not operate as stay of decree: Supreme Court

The Supreme Court recently reiterated that mere filing of an appeal would not operate as a stay of a decree unless the appeal is listed and there is an interim order passed to that effect [Sanjiv Kumar Singh v. State of Bihar and Others]..In an order passed last week, a division bench of Justices AS Bopanna and Hima Kohli observed,"... keeping in view the provisions as contained in Order 41 Rule 5 of CPC, unless the appeal is listed and there is an interim order, the mere filing of the appeal would not operate as a stay."The Court was hearing an appeal challenging a Patna High Court decision dated August 18, 2022, that had dismissed the appellant's plea to direct the District Magistrate to grant a ‘No Objection Certificate’ (NOC) to start a retail outlet. The High Court had dismissed the petition in view of a submission by the respondents that an appeal had been filed contesting a decree passed in favour of the appellant on August 25, 2022, which was yet to come up for hearing before the High Court. .The Supreme Court, in turn, opined that the High Court was not justified in rejecting the appellant's petition only on this ground. Therefore, the High Court's order under challenge was set aside. .The Court further directed the District Magistrate to take note of the decree passed in the appellant's favour and to issue the NOC within two weeks. However, the Court clarified that the NOC granted would be subject to the result of the appeal pending before the High Court on the matter. .Senior Advocate Dhruv Mehta along with advocates Birendra Kumar Mishra, Manish Shrivastav, Poonam A, and Sirajuddin represented the appellant. Advocates Azmat Hayat Amanullah and TG Shahi appeared for the respondents..[Read Order]