* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Execution Petition No.63/2009
% Date of Decision: 01.04.2009
M/s.Deutsche Postbank Home Finance Ltd. .... Decree Holder
Through Mr.D.D. Singh, Advocate
Versus
Sh. H.M. Vasavaiah and others .... Judgment Debtors
Through Nemo.
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
1. Whether reporters of Local papers may be YES
allowed to see the judgment?
2. To be referred to the reporter or not? NO
3. Whether the judgment should be reported in NO
the Digest?
ANIL KUMAR, J.
* This is a petition under Order XXI Rule 25 of the Code of Civil Procedure for issuance of transfer certificate in respect of the decree dated 9th May, 2006 on the basis of an award dated 9th May, 2006.
The decree holder contended that award dated 9th May, 2006 was passed in favour of the Decree Holder. Under the arbitral award, an amount of Rs.21,66,310/- along with interest at the rate of Rs.12% per annum has been awarded to the decree holder against the judgment debtors. The decree holder has also been awarded a cost of Rs.20,000/-.
The decree holder has contended that no amount has been paid, awarded under the award dated 9th May, 2006 nor the decree holder Ex.P. No.63/2009 Page 1 of 2 has received any intimation about any objections filed by the judgment debtors against the award dated 9th May, 2006.
The decree holder has contended that for execution of the amount awarded to the decree holder in the award, the properties of the judgment debtors are to be sold which are situated at Bangalore, the details of which are given in the schedule of the property. The property which is to be attached and sold for the satisfaction of the decreetal amount is 14/72nd Cross ITC Colony, Jeewan Hali, Bangalore, Karnatka. The decree holder, in the facts and circumstances, have prayed for issuance of a transfer certificate to the Court of District Judge, Bangalore.
Considering the facts and circumstances, a transfer certificate for recovery of Rs.21,66,310/- along with interest at the rate of 12% per annum and cost of Rs.20,000/- in terms of award dated 9th May, 2006 be issued to the District Judge, Bangalore. The transfer certificate, in the facts and circumstances, be sent to the District Judge, Bangalore.
With these directions, the petition is disposed of. A copy of this order be also given to the counsel for the decree holder dasti.
APRIL 01, 2009 ANIL KUMAR, J.
'Dev'
Ex.P. No.63/2009 Page 2 of 2