Delhi Development Authority v. M/S NRB Associates & Ors.

Delhi High Court · 16 Nov 2015 · 2015:DHC:9328
Hima Kohli
EX.P. 484/2015
2015:DHC:9328
civil other

AI Summary

The Delhi High Court allowed transfer of an execution petition to a court with territorial jurisdiction over the Judgment Debtors due to absence of assets in Delhi.

Full Text
Translation output
HIGH COURT OF DELHI
EX.P. 484/2015
DELHI DEVELOPMENT AUTHORITY ..... Decree Holder
Through : Ms. Beenashaw N. Soni, Advocate
VERSUS
M/S NRB ASSOCIATES & ORS ..... Judgement Debtors
Through : None.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 16.11.2015
JUDGMENT

1. The present execution petition has been filed by the Decree Holder/DDA praying inter alia for execution of the ex parte judgement and decree dated 17.12.2014 against the Judgment Debtors for recovery of a sum of Rs.32,62,401.90 paise with interest and costs.

2. Ms. Soni, learned counsel for the Decree Holder submits that as per the information gathered by the Decree Holder, the Judgment Debtors do not own any movable/immovable assets in Delhi. She requests that a Transfer Certificate may be issued for transferring the petition to the competent court at Kolkata.

3. Leave, as prayed for, is granted. The Registry is directed to issue a transfer certificate in favour of the Decree Holder for it to present the petition before the appropriate court having the territorial EX.P. 484/2015 2015:DHC:9328 jurisdiction to entertain the same.

4. Subject to the Decree Holder filing a copy of the decree sheet, the certified copy thereof placed on the record shall be returned to the counsel for the Decree Holder.

5. The execution petition is disposed of. HIMA KOHLI, J NOVEMBER 16, 2015 sk/ap