Dear Sir,
- The reply got by Shri H K Aggarwal under RTI Act from LIC about non-compliance of Raj HC order is disturbing.
- It seems they may prolong the case in the disguise that a civil case is pending in SC.
- I am not a legal expert but as far as I know, the law is that for mere filing of appeal, the executing court should not stay the execution of judgement until stay is granted.
- SC rules also lay down this provision that by mere filing of SLP or appeal does not restrict the lower court from executing the judgement appealed against.
- Similar is the provision in civil procedure code. In our case, stay is specifically rejected.
- So I think there is no impediment on the implementation of Raj HC judgement which continues to be binding and effective between the parties.
A V Subbaraman Coimbatore Division