NEW INDIA ASSURANCE COMPANY Vs. KAMALJIT KAUR

JUDGEMENT

(1.) THIS revision petition is directed against the order of the executing Court dated March 20, 1987, whereby the application filed on behalf of the New India Assurance Co. Ltd., the petitioner, for staying the execution proceedings was dismissed.

(2.) ADMITTEDLY , the New India Assurance Co. Ltd. has filed an appeal, i.e., F.A.O. No. 206 of 1985, which is pends in this Court. On April 25, 1985, at the time of the motion hearing the following order was passed therein: The learned Counsel for the appellant undertakes to deposit the amount of Rs. 50,000/- within a period of two weeks. The amount in excess of Rs. 50,000/- be not recovered from the Insurance Company till further orders. The claimants can, however, recover that amount from the other judgment-debtors." Later on the said appeal was admitted on September 9, 1985 against respondent Nos. 7 and 8 only. As against respondents Nos. 1 to 6, the said appeal was dismissed. In view of that order, the claimants-respondents sought execution of the order. Before the executing Court, the petitioner pleaded that in view of the stay order granted by this Court in F.A.0. No. 206 of 1985, dated April 25, 1985, the amount in excess of Rs. 50, 000/- could not be recovered from it. However, the executing Court observed in the impugned order as follows: