HANSABEN CHANDRAKANT JHAVERI Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order dtd. 30/12/2009 passed below Exh.1 in Execution Petition No.55 of 2008 by which the Execution Court has disposed of the proceedings holding that no amount is due to the petitioners - claimants.

(2.) The petitioners have filed execution petition for implementation of the judgment and order passed in MACP No.367 of 1984. Pursuant to the direction issued by the High Court, the Insurance Company had deposited an amount of Rs.2,61,455.00. The amount so deposited, was adjusted by the claimants first towards interest and thereafter, the further amount Rs.5,37,225.00 was claimed towards principal amount and cost, etc. In execution petition, the Executing Court observed that the claimants have wrongly deducted the amount of Rs.2,61,455.00 from the interest part instead of principal amount.

(3.) Being aggrieved with the impugned order, the claimants- petitioners have preferred present petition by invoking supervisory jurisdiction of this Court under Article 227 of the Constitution of India.