LIFESTYLE EQUITIES C.V. & ANR. versus AMAZON TECHNOLOGIES INC.
The Supreme Court upheld the High Court Division Bench: Order XLI r.1(3) is directory and r.5 does not make deposit of the decretal amount an absolute condition precedent to grant stay; appellate courts have discretion to grant unconditional stay in exceptional cases where sufficient cause is shown (e.g., egregious perversity, patent illegality, facial untenability); the High Court properly considered prima facie defects (lack of valid service, absence of pleadings supporting massive damages, lack of findings of involvement) and did not err in granting stay without deposit.
- Parties
- Original Plaintiffs: Lifestyle Equities C.V. & Anr.; Original Defendant: Amazon Technologies INC.
- Jurisdiction
- India
- Judgment Date
- 07 October 2025
- Procedural Posture
- Special Leave Petition (civil) No. 19767 of 2025 / Decision on Special Leave Petition
- Outcome
- Special Leave Petition dismissed; no interference with impugned High Court judgment and order dated 01.07.2025
- Legal Topics
- Order XLI Rule 5 CPC, Stay of Execution of Money Decree, Sufficient Cause, Service of Summons, Deposit of Decretal Amount and Security, Exceptional Case for Unconditional Stay
Case Brief
Summary, issues, holding and outcome
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Parties
Lifestyle Equities C.V. & Anr.
Original Plaintiffs
Amazon Technologies INC.
Original Defendant
Procedural Posture
Special Leave Petition (civil) No. 19767 of 2025 / Decision on Special Leave Petition
Legal Issues
- 1 Whether the Division Bench erred in staying execution of a money decree under Order XLI r.5 CPC without insisting on deposit of the decretal amount or security
- 2 Whether Order XLI r.1(3) is mandatory or directory and effect of non-compliance on stay applications
- 3 Whether there was valid service of summons and applicability of second proviso to Order IX r.13 CPC
Ratio Decidendi
The Supreme Court upheld the High Court Division Bench: Order XLI r.1(3) is directory and r.5 does not make deposit of the decretal amount an absolute condition precedent to grant stay; appellate courts have discretion to grant unconditional stay in exceptional cases where sufficient cause is shown (e.g., egregious perversity, patent illegality, facial untenability); the High Court properly considered prima facie defects (lack of valid service, absence of pleadings supporting massive damages, lack of findings of involvement) and did not err in granting stay without deposit.
Court Disposition
Special Leave Petition dismissed; no interference with impugned High Court judgment and order dated 01.07.2025
Orders
- Exemption application allowed
- Heard senior counsel for parties
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