K. S. Gupta, J. ( 1 ) IN the execution taken out by M/s. Bhawsni Pictures, Motion Pictures Association (hereinafter called "the Objected ) has filed objections being E. A. No. 344/97 under Order XXI, Rule 58 read with Section 151, CPG. It is stated that by an order dated October 20,1997 objector has been directed to hand over the demand draft of Rs. 10 lakhs deposited with it by M/s. Samna Films. Objector has received the following claims from the creditors of said M/s. Bhawani Pictures :bobby Enterprises is yet another creditor whose claim for Rs. l,81,210. 00 already stands proved. . ( 2 ) IT is further stated that O. P. Mittal, Sole Proprietor of aforesaid M/s. Bhawani Pictures in the meeting of the Executive Committee of the Objector held on September 30, 1997 has admitted that monies to the tune of Rs. 30-35 lakhs are due from him towards the creditors. Said amount ofrs. 10 lakhs is not liable to be either attached or paid to M/s. Bhawani Pictures. It is prayed that the order dated October 20, 1997, be set aside. ( 3 ) IN the reply M/s. Bhawani Pictures has, inter alia, stated that the provision contained in Rule 58 of Order XXI, Civil Procedure Code docs not apply and the objections are, therefore, gross abuse of the process of the Court. M/s. Samna Films deposited the draft for Rs. K) lakhs in the name and for the benefit of M/s. Bhawani Pictures. This amount is, thus, in trust with the Objector for and on behalf of M/s. Bhawani Pictures. It is emphatically denied that any amount is due to M/s. Rachna Cinema or M/s. Rakesh Cinema or M/s. Nishat Talkies or M/s. Chanakya Theatre or M/s. Alpana Cinema or M/s. Shree Talkies or Bobby Enterprises, as alleged. None of the said creditors has taken any action to establish their alleged dues. It is further stated that O. P. Mittal never admitted before the Executive Committee of the Objector on September 30, 1997 that monies to the tune of Rs-30-35 lakhs are due from him to various creditors. No such resolution was ever passed in the meeting dated September 30, 1997. It is alleged that the Objector is nobody to adjudicate upon the alleged claims of the said creditors. ( 4 ) I have heard the learned Counsel for the parties. No such resolution was ever passed in the meeting dated September 30, 1997. It is alleged that the Objector is nobody to adjudicate upon the alleged claims of the said creditors. ( 4 ) I have heard the learned Counsel for the parties. ( 5 ) IT is not in dispute that M/s. Bhawani Pictures filed a petition underseition 20 of the Arbitration Act being Suit No 2946-A/95 wherein the Objector, M/s. Samna Films and Film Makers Combine were the respondents. Relief claimed in the petition was that the agreement dated January 11, 1995 and the letter dated January 12, 1995 be ordered to be filed in Court and the disputes with respondent No. 2 as mentioned in para 22 of the petition be referred to the joint arbitration of the Objector (respondent No. 1) and Film Makers Combine, respondent No. 3. M/s. Bhawani Pictures and M/s. Samna Films, respondent No. 2 jointly filed 1. A. No. KS57/97underorderxxiii,rule3 read with Section 151,cpc for recording the Settlement arrived at between them and by the order dated September 10, 1997, petition was disposed of pursuant to the term of compromise incorporated in the aforesaid IA Bank draft for Rs. 10 lakhs in favour of M/s. Bhawani Pictures was to be deposited by M/s. Samna Films by September 12, 1997, with the Objector. Admittedly M /s. Samna Films deposited the draft for Rs. 10 lakhs in the name of M/s. Bhawani Pictures with the Objector within the said period. On failure of the Objector to hand over the draft to M/s. Bhawani Pictures, it took out the execution wherein the order dated October 20, 1997, which is sought to be set aside, was passed. Aforesaid facts clearly indicate that the Objector was retaining the said draft for Rs. 10 lakhs as a trustee for M/s. Bhawani Pictures and it was, therefore, bound to hand over the same to the latter ignoring the claims lodged with it by the alleged creditors of M/s Bhawani Pictures. Evidently, provision contained in Ruler 58 of Order XXI, Civil Procedure Code under which the objections have been filed, is nor at all attracted in this case. Objections are misconceived and are, therefore , dismissed with Rs. 2, (XX ). 00 as costs. Let the draft in question be given by the Objector to M/s. Bhavvani Pictures within three days from today.