I T C LTD Vs. BHATIA BROTHERS

JUDGEMENT

(1.) The very maintainability of these Letters Patent Appeals Nos. 337 and 336 of 1977 admitted to a hearing by the Full Bench on the 21st of Sep., 1977, stands concluded against the appellants by the Division Bench judgment of this Court in Faqir Chand v. The Financial Commr., Punjab, 80 Pun LR 357: (AIR 1978 Punj & Har 269).

(2.) It is wholly unnecessary to advert to the facts in any great detail. It would suffice to mention that the respondents M/s. Bhatia Brothers and others preferred Regular First Appeal No. 907 of 1977 against the judgment and decree passed against them by the Senior Subordinate Judge, Ludhiana. Therein C. M. No. 983 C-I of 1977 was moved by them under Order 41, Rule 5, C.P.C. praying that during the pendency of the appeal in the High Court, the execution of the decree be stayed. The learned Single Judge by his order under appeal acceded to the prayer for stay on the condition that the respondents should furnish adequate security regarding the decretal amount to the satisfaction of the Executing Court within a period of one month. It was further directed that in case they fall to furnish the security, the stay order shall stand vacated.

(3.) It is manifest that the order under appeal is merely a stay order on terms and conditions specified therein and involves no determination of any right or liability which may ultimately affect the merits of the controversy. That being so, the matter is obviously covered by Faqir Chand's case (AIR 1978 Punj & Har 269) (supra), wherein it has been categorically held that against such a stay order no letters patent appeal is competent.