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$-As
* IN THE HIGH COURT
+ EFA(OS) n-r2lzorr
JALPAC INDIA LTD
Through
OF DELHI AT NEW DELHI..... Appellant
Mr. Rajiv Tyagi and Ms.Chanchal
Biswal, Adv. t-
VCTSUS
SHARP INDUSTRIES LIMITED & ANR
Through None. ..... Respondents
* IN THE HIGH COURT
+ EFA(OS) n-r2lzorr
JALPAC INDIA LTD
Through
OF DELHI AT NEW DELHI..... Appellant
Mr. Rajiv Tyagi and Ms.Chanchal
Biswal, Adv. t-
VCTSUS
SHARP INDUSTRIES LIMITED & ANR
Through None. ..... Respondents
CORAM:
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MS. JUSTICE INDERMEET KAUR o L8.02.2013
CM No. 12070/2011 (u/O 6 R 17 CPC)
Learned counsel for the appellant states that he does not wish to seek amendment of the appeal now in view of the orders passed 01.02.2013 on the other application.
Dismissed as not pressed.
EFA(O$ 11-12/2011
Learned counsel for the appellant subrnits that his grievance is against the impugned order dated 01.03.2011 to the extent that the application filed by the appellant bearing No. 550/2010 seeking deposit of the decreetal amount in the execution petition was dismissed. He submits that there was only one asset in Delhi disclosed by the respondent/judgrnent debtor which t
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2013:DHC:7978-DB t'
HON'BLE MS. JUSTICE INDERMEET KAUR o L8.02.2013
CM No. 12070/2011 (u/O 6 R 17 CPC)
Learned counsel for the appellant states that he does not wish to seek amendment of the appeal now in view of the orders passed 01.02.2013 on the other application.
Dismissed as not pressed.
EFA(O$ 11-12/2011
Learned counsel for the appellant subrnits that his grievance is against the impugned order dated 01.03.2011 to the extent that the application filed by the appellant bearing No. 550/2010 seeking deposit of the decreetal amount in the execution petition was dismissed. He submits that there was only one asset in Delhi disclosed by the respondent/judgrnent debtor which t
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2013:DHC:7978-DB t'
was sold without any direction to bring the sale proceeds into the Court. He thus submits that at least part of that sale amount should have been directed to be brought into Court.
We are inforrned that the execution petition is still pending consideration and the objections are yet to be examined. The sale of the pr.operty has already taken place. We are thus of the view that no purpose would be served keeping this appeal alive and grant liberty to the appellant to move the learned Single Judge as to whether pending consideration of the objections, some security can be provided by the respondent for satisfaction of the decree, in case the objections are disrnissed.
The appeal accordingly stands disposed of.
6_ep ,r
SANJAY KISHAN I(AUL, J
We are inforrned that the execution petition is still pending consideration and the objections are yet to be examined. The sale of the pr.operty has already taken place. We are thus of the view that no purpose would be served keeping this appeal alive and grant liberty to the appellant to move the learned Single Judge as to whether pending consideration of the objections, some security can be provided by the respondent for satisfaction of the decree, in case the objections are disrnissed.
The appeal accordingly stands disposed of.
6_ep ,r
SANJAY KISHAN I(AUL, J
I
IJ
INDERMEET KAUR, J
FEBRUARY 18.2013 rb
EFA(OS) 11-12/2011 page 2 of2
?
D
2013:DHC:7978-DB
IJ
INDERMEET KAUR, J
FEBRUARY 18.2013 rb
EFA(OS) 11-12/2011 page 2 of2
?
D
2013:DHC:7978-DB
JUDGMENT