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Bank ofIndia)&EA No.629/2013(u/0XXIR-58CPC)
M/S APPRECIATEFINCAPPVTLTD Decree Holder
Through: Mr.Kapil Kher,Ms.Harsha,Mr.B.P.
Lathwal & Mr. Rishi Manchanda, Advs.
Through: Mr.Aditya Gupta,Adv. Mr.Aditya Madan,Adv.UBI.
KALIBER ASSOCIATESPVTLTD Decree Holder
Through: Mr.Kapil Kher,Ms.Harsha,Mr.B.P.
Lathwal & Mr. Rishi Manchanda, Advs.
Through: Mr.Aditya Gupta,Adv.
ORDER o/o 31.08.2016
JUDGMENT
1. The decree-holder in both these execution petitions seek execution of the decrees for recovery of money from the same judgment-debtor in both execution petitions by attachment and sale of property of the judgmentdebtor at Sonepat.
2. The property has already been attached.
3. Though the judgment-debtor is not appearing but in Execution Petition no.107/2012 objections by way ofEA No.227/2013 have been filed byUnionBankofIndia(UBI)and objections by way ofEANo.629/2013 EX.P. 107/2012& EX.P. 148/2014 2016:DHC:8517 have been filed by one RangoliProjectsPvt.Ltd.
4. Similarly objections have been filed by Rangoli Projects Pvt.Ltd. by way ofEA(OS)No.835/2014inExecutionPetition No.148/2014.
5. The counselfor RangoliProjectsPvt.Ltd.has notappeared and senta requestfor Passover.
6. The counsel for UBI states that the property stands mortgaged by the judgment-debtor withthe said bank.
7. I have howeyer enquired from the counsel for the decree-holder as to whatpurpose the decision ofthe objections before this Court will serve and whether not as per law the decree-holder was to have the decree transferred for execution to the court of appropriate jurisdiction at Sonepat within whosejurisdiction the propertyfrom which the money decrees are soughtto be satisfied is situated.
8. The counsel for the decree-holder states that the attachment order be continued for some time and the decree be transferred to the Court of appropriatejurisdiction at Sonepat.
9. Allowed.
10. The decrees are transferred to the CourtofDistrict Judge,Sonepatfor execution.
11. A certificate oftransfer ofthe decree along with a certificate ofnonsatisfaction ofthe decree subject matter of both execution petitions, along with ancillary documents,be issued to the decree-holders within 15 days of today. EX.P.107/2012&EX.P.148/2014 ^
12. The decree-holder is granted time till 10^^ November,2016 to apply for execution in the court of appropriate jurisdiction to which the decree is transferred.
13. Till 10^^ November, 2016, the attachment order of this court shall remain in force; thereafter it will be up to the court before which execution is sought to extend the said attachment order or to grant a fresh attachment order or to refuse the same as may be deemed appropriate.
14. With the aforesaid directions,the petitions are disposed of.
AUGUST 31,2016 'gsr'. EX.P. 107/2012 &EX.P. 148/2014 RAJIV SAHAIENDLAW,J Page 3of[3]