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Date of Decision: 2.11.2018
DEVESH BHARGAVA ..... Decree Holder
Through: Mr. Rahul Malhotra with Ms. Aparna Malhotra and Mr. Urinda Agarwal, Advs
JUDGMENT
Through: Mr. Ratan K. Singh with Mr. Anmol and Ms. Priyanka Solanki, Advs for judgment debtor no. 1
I.A. No. 15180/2018 (For withdrawal of the present execution petition)
1. The prayer made in the application by the decree holder is that he be allowed to withdraw the accompanying execution petition.
2. Counsel for the decree holder says that this application has been moved on account of the claim amount being less than Rs. 2,00,00,000/-.
3. Mr. Ratan K. Singh, who, appears for the judgment debtor no. 1 says that he would have no objection to the prayer made in the application being allowed subject to this Court preserving the right of the judgment debtors to OMP (ENF.) (COMM.) 178/2018 2018:DHC:7118 raise an objection before the District Court with regard to its lack of territorial jurisdiction to entertain the execution petition.
4. The prayer made in the aforesaid application is allowed.
5. The Judgment debtors would be entitled to raise all objections that may be available to them in accordance with law.
6. In view of the order passed in I.A. No. 15180/2018, the execution petition is dismissed as withdrawn.
7. The Registry will make the requisite endorsement. Decree holder will have liberty to present execution petition before the appropriate Court on 26.11.2018.
8. Accordingly, the date fixed in the matter i.e. 29.11.2018 shall stand cancelled.
RAJIV SHAKDHER, J NOVEMBER 02, 2018 c