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26-28 HIGH COURT OF DELHI
EX.P. 282/2010, EX.P. 283/2010, EX.P. 284/2010, SREl EQUIPMENT FINANCE PRIVATE LTD ..... Decree Holder
Through: Mr. S.K. Maniktala and Mr. Vijay chauhan, Advocates
EX.P. 282/2010, EX.P. 283/2010, EX.P. 284/2010, SREl EQUIPMENT FINANCE PRIVATE LTD ..... Decree Holder
Through: Mr. S.K. Maniktala and Mr. Vijay chauhan, Advocates
VERSUS
AXIS POWER MOVERS LIMITED &ORS Judgement Debtor
Through: Mrs. C.M. Chopra, Sr. Adv. with Mr. Mayank Kumar, Advocate
Through: Mrs. C.M. Chopra, Sr. Adv. with Mr. Mayank Kumar, Advocate
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
ORDER o/o 08.07.2011 E.A. No. 390/2011 By this application, the decree holder seeks correction of the common order dated 30.05.2011 passed in this execution petition and two other related execution petitions. It is pointed out that the name of prospective purchaser of the nine dumpers has wrongly been mentioned in the order as M/s. Rajsree Vehicles and Spare Pvt. Ltd.
The correct name is M/s. Rajdeep Vehicles Spare (P) Ltd.
Since the error is typographical, the same is corrected and the applications stand disposed of.
2011:DHC:12970
ORDER o/o 08.07.2011 E.A. No. 390/2011 By this application, the decree holder seeks correction of the common order dated 30.05.2011 passed in this execution petition and two other related execution petitions. It is pointed out that the name of prospective purchaser of the nine dumpers has wrongly been mentioned in the order as M/s. Rajsree Vehicles and Spare Pvt. Ltd.
The correct name is M/s. Rajdeep Vehicles Spare (P) Ltd.
Since the error is typographical, the same is corrected and the applications stand disposed of.
2011:DHC:12970
FX.P. 282/2010. EX.P. 283/2010 & EX.P. 284/2010 and E.A.
Nos.388/2011. 389/2011 and 387/2011 These are joint applications moved by the parties under Order 21 Rule
2 for recording their settlement. The applications are signed by the parties and their respective counsels, and are supported by the affidavits of Sh. Shivshankar Chaudhari, the constituted attorney of the decree holder, who is present in court and Sh. Sanjeev Kumar and Mrs. Monica Kumar, who are
Nos.388/2011. 389/2011 and 387/2011 These are joint applications moved by the parties under Order 21 Rule
2 for recording their settlement. The applications are signed by the parties and their respective counsels, and are supported by the affidavits of Sh. Shivshankar Chaudhari, the constituted attorney of the decree holder, who is present in court and Sh. Sanjeev Kumar and Mrs. Monica Kumar, who are
JUDGMENT
debtors nos.3 and 4 in these execution petitions.
In terms of the settlement, the judgment debtors have already paid a sum of Rs.l crore towards satisfaction of the decrees in question. Apart from the aforesaid amount, the decree holder shall also receive the amounts to be realized upon the sale of nine dumpers from the prospective buyer.
It has also been agreed that the decree holder shall withdraw the criminal prosecution against the judgment debtors lodged in Calcutta
Courts under the Negotiable Instruments Act, as detailed in para 3.6 of the applications.
The terms of the settlement appear to be just, fair and reasonable. Accordingly, the settlement is accepted. The parties shall remain bound by the terms thereof. The terms set out in the application shall form part of the order.
The decree stands satisfied in the aforesaid terms. Petitions stands disposed of.
Dasti.
VIPIN SANGHI, J r JULY 08, 2011 5^/) 52.^11)
•3V
26-28.
HIGH COURT OF DELHI
EX.P. 282/2010, EX.P. 283/2010 & EX.P. 284/2010
SREI EQUIPMENT FINANCE PRIVATE LTD Decree Holder
Through: Mr. Alok Tripathi, Advocate.
In terms of the settlement, the judgment debtors have already paid a sum of Rs.l crore towards satisfaction of the decrees in question. Apart from the aforesaid amount, the decree holder shall also receive the amounts to be realized upon the sale of nine dumpers from the prospective buyer.
It has also been agreed that the decree holder shall withdraw the criminal prosecution against the judgment debtors lodged in Calcutta
Courts under the Negotiable Instruments Act, as detailed in para 3.6 of the applications.
The terms of the settlement appear to be just, fair and reasonable. Accordingly, the settlement is accepted. The parties shall remain bound by the terms thereof. The terms set out in the application shall form part of the order.
The decree stands satisfied in the aforesaid terms. Petitions stands disposed of.
Dasti.
VIPIN SANGHI, J r JULY 08, 2011 5^/) 52.^11)
•3V
26-28.
HIGH COURT OF DELHI
EX.P. 282/2010, EX.P. 283/2010 & EX.P. 284/2010
SREI EQUIPMENT FINANCE PRIVATE LTD Decree Holder
Through: Mr. Alok Tripathi, Advocate.
versus
AXIS POWER MOVERS LIMITED & ORS Judgement Debtors
Through: Mrs. C.M. Chopra, Senior Advocate, with Mr. D.S. Vohra, Advocate.
Through: Mrs. C.M. Chopra, Senior Advocate, with Mr. D.S. Vohra, Advocate.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
ORDER
14.09.2011 E.A. Nos. 520-522/2011 Issue notice. Counsel for the decree holder appears and accepts notice.
By these applications, the judgment debtors seek vacation of the attachment order, whereby the bank account of the judgment debtors have been attached during the pendency of the execution petitions. It is not disputed that the decree already stands satisfied. The applications are allowed. Accordingly, the attachment order dated
16.08.2010 stands vacated.
The Registry is directed to communicate the order passed today to the concerned bank.
SEPTEMBER 14, 2011 'BSR' VIPIN SANGHI, J
By these applications, the judgment debtors seek vacation of the attachment order, whereby the bank account of the judgment debtors have been attached during the pendency of the execution petitions. It is not disputed that the decree already stands satisfied. The applications are allowed. Accordingly, the attachment order dated
16.08.2010 stands vacated.
The Registry is directed to communicate the order passed today to the concerned bank.
SEPTEMBER 14, 2011 'BSR' VIPIN SANGHI, J