United India Insurance Co Ltd v. Parkash L Vatnani

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 165/2017 & C.M.No.5402/2016 UNITED INDIA INSURANCE CO LTD ..... Petitioner Through:

Mr. Pankaj Seth, Advocate versus PARKASH L VATNANI ..... Respondent Through:

Nemo

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 10.02.2017 In execution proceedings, impugned order of 21st November, 2016 directs petitioner to deposit a sum of `1,18,000/- and the matter was adjourned to 23rd December, 2016 to report compliance. Learned counsel for petitioner submits that the claim in the execution petition was for `27,177/- only as rest of the awarded compensation already stands paid.

It is submitted that learned executing court has issued direction for attachment of petitioner's bank accounts and this order was passed about two weeks ago. It is not so stated in the petition or the stay application, nor it is stated as to whether attachment has already taken place or not. Be that as it may. Since petitioner has an alternate and efficacious CM(M) 165/2017

remedy to approach learned executing court for the relief sought in this petition, therefore, this petition is not being entertained with liberty to petitioner to approach the executing court within a week. If it is so done, then till petitioner's application for the relief claimed in this petition is heard, no coercive steps be taken against petitioner. With aforesaid directions, this petition and the application are disposed of.

Copy of this order be given dasti under signatures of the Court Master.

(SUNIL GAUR) JUDGE FEBRUARY 10, 2017 s CM(M) 165/2017