Supreme Court has not laid down such hard and fast rule. But such is the upshot of judgement by Justice G S Singhvi and Justice S J Upadhyay in case of New India Assurance Co versus Gopali reported in 2012 (12) SCC 384 on 5-7-2012
In fact, today I filed a similar application where other side is enjoying exparte stay against my client since six years. I asked for Rs. 6 Lakh cost in favour of my client.
Haresh Raichura
6/3/2013