M/S AMBIENCE DEVELOPERS & INFRASTRUCTURE PVT LTD v. M/S PRIMETEX CLOTHING PVT LTD

Delhi High Court · 03 Oct 2011 · 2011:DHC:13900
Manmohan Singh
EX.P. 167/2010
2011:DHC:13900
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the execution petition for enforcement of an arbitral award due to lack of jurisdiction, granting liberty to file it before the appropriate forum.

Full Text
Translation output
CJ:~ $-50 HIGH COURT OF DELHI
EX.P. 167/2010
M/S AMBIENCE DEVELOPERS & INFRASTRUCTURE PVT LTD
Decree Holder
Through Mr. Arvind Nayar, Adv.
VERSUS
M/S PRIMETEX CLOTHING PVT LTD
JUDGMENT
Debtor
Through None
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
ORDER
03.10.2011 The present execution petition has been filed by the decree-holder in order to enforce the award dated 01.02.2010 against the judgment-debtor. It appears from the record of the case that the judgment-debtor is from
Bangalore. The immovable property which is sought to be attached is at
Gurgaon. After some discussion, learned counsel for the decree-holder fairly agrees to withdraw the present execution petition with a liberty to file the same before the appropriate forum. As prayed, the execution petition is dismissed as withdrawn with liberty to file the same at the appropriate jurisdiction.
2011:DHC:13900 f The learned counsel for the decree-holder states that the key of the property is lying with the Local Commissioner. As and when the said execution is filed before the appropriate forum, the decree-holder would be entitled to take the necessary steps in this regard also.
MANMOHAN SINGlgJ.
OCTOBER 03, 2011 M)2- p' 2011:DHC:13900