M/S DAYA RAM PREM SAGAR JAIN v. M/S A.R.INDUSTRIES PVT. LTD.

Delhi High Court · 08 Aug 2011 · 2011:DHC:13212
G.S. Sistani
EX.P. 195/2011
2011:DHC:13212
civil other

AI Summary

The Delhi High Court allowed transfer of execution proceedings by issuing a transfer certificate to the District Judge, Faridabad, as the judgment debtor's assets were outside its jurisdiction.

Full Text
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$-35 HIGH COURT OF DELHI
EX.P. 195/2011
M/S DAYA RAM PREM SAGAR JAIN .....Decree Holder
Through: Mr. Ashok Bhasin, Sr. Advocate with Mr. S.B. Sharma, Advocate.
VERSUS
M/S A.R.INDUSTRIES PVT. LTD. Judgement Debtor
Through: Nemo.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
08.08.2011 The plaintiff had filed a suit under the provisions of Order
XXXVII CPC in which conditional leave was granted on
15th March,
ORDER

2011. Since the amount was not deposited in terms of the order, this led to passing of a decree on 12th May, 2011. By the present petition, the Decree Holder prays for issuance of a transfer certificate in the name of the District Judge, Faridabad, Haryana allowing execution of the decree as the assets of the Judgment Debtor are situated beyond the jurisdiction of this Court. Accordingly, the prayer made in the execution petition is allowed. Let a transfer certificate be issued. 2011:DHC:13212 EA Appi (OS) No.460/2011 In view of the orders passed in the execution petition, this application is dismissed as infructuous. G.S.SISTANI,J AUGUST 08, 2011 vk