* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Reserve: August 06, 2009
Date of Order: September 15, 2009
+Ex. P. 113/2009
% 15.09.2009
Heat Exchange (P) Ltd. ...Decree Holder
Through: Mr. Jasmeet Singh with Mr. Saurabh Tiwari & Ms. Divya
Chaturvedi, Advocates
Versus
M/s Ajit Mittal Corporation ... Judgment Debtor
Through: Mr. Shiv Khorana, Advocate
JUSTICE SHIV NARAYAN DHINGRA
1. Whether reporters of local papers may be allowed to see the judgment?
2. To be referred to the reporter or not?
3. Whether judgment should be reported in Digest?
JUDGMENT
1. Since the objections of the Judgment Debtor against the award have been dismissed vide separate judgment (in OMP No.303 of 2009), the warrants of possession of the property bearing number 349, Functional Industrial Estate, Patparganj, Delhi-110 092 having an area of 450 sq. meters ought to be issued.
2. Registry is directed to issue warrants of possession of this property. The Bailiff of this Court shall take possession of the property from the Judgment Debtor and handover the possession of the said property to the decree holder. In the event of any resistance offered by Judgment Debtor, help of the Local police/SHO shall be taken by the Bailiff in taking possession of the above premises from the Judgment Debtor.
Ex.P. 113 of 2009 Heat Exchange (P) Ltd. v. M/s Ajit Mittal Corp. Page 1 Of 2
3. Since the Judgment Debtor has to pay an amount in excess of Rs.52 lac, the bank account of judgment debtor bearing number 804839 with ABN AMRO Bank, Hansalya Building, 15, Barakhamba Road, New Delhi-110001 be attached. The bank shall freeze this account and send the amount to this Court in the name of Registrar General. The Bailiff is directed to take possession of the machinery, equipments, furniture etc lying in the abovementioned premises including at first floor, second floor, and handover the same to Decree Holder on Superdari.
4. The movable assets lying in the abovementioned premises shall be given to the judgment debtor only in case the JD pays the entire decreetal amount to the decree holder, failing which the movable assets shall be put to auction within 30 days from today.
5. List this execution petition now on 25th November 2009.
September 15, 2009 SHIV NARAYAN DHINGRA J. rd
Ex.P. 113 of 2009 Heat Exchange (P) Ltd. v. M/s Ajit Mittal Corp. Page 2 Of 2