$~24.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EX.P. 2/2014
M/S COOLON INDIA PVT LTD ..... Decree Holder
Through: Mr. P.D. Gupta, Advocate with
Mr. Nitesh Mehra, Advocate
versus
ANIL MONGA ..... Judgement Debtor
Through: Mr. Sanjib Dutta, Advocate with
Ms. Suparna Sinha, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 30.01.2015 E.A. 660/2014 (exemption)
Subject to the Decree Holder filing the certified copies of the documents annexed with the petition within four weeks, the application is allowed and disposed of.
EX.P. 2/2014 and E.A. 659/2014 (for stay)
1. The present execution petition has been filed by the Decree Holder for seeking execution of the judgment and decree dated 07.10.2013, passed in CS(OS) 1919/2012.
2. As per the judgment and decree, the Judgment Debtor is liable to pay a sum of `34,19,550/- to the Decree Holder, with interest EX.P.2/2014 Page 1 of 3 @ 9% per annum from 28.11.2011 till realisation, apart from costs of `25,000/-. Counsel for the Decree Holder states that vide order dated 01.09.2014 passed in E.A. 659/2014, the Judgment Debtor was restrained from creating any third party rights in respect of property bearing House No.709, Sector-12A, Panchkula, Haryana, mentioned in Schedule-I, enclosed with the execution petition.
3. Learned counsel for the Judgment Debtor states that he had filed a reply to the execution petition in September, 2014. The same is however not on record. A copy thereof has been received by the counsel for the Decree Holder, who submits that as the Judgment Debtor is a permanent resident of Panchkula, Haryana and the aforecited property is also situated in Panchkula, Haryana, the present petition may be transferred for further proceedings to the competent court vested with the territorial jurisdiction, i.e., the court of the District Judge, Panchkula, Haryana.
4. In view of the aforesaid submission, the present execution petition is directed to be transferred to the court of the District Judge, Panchkula, Haryana. The Registry is directed to issue a transfer certificate in favour of the Decree Holder. The parties shall appear before the District Judge, Panchkula, Haryana on 26.02.2015. Till further orders are passed by the competent court, the interim order EX.P.2/2014 Page 2 of 3 passed on 01.09.2014 shall continue to operate in favour of the Decree Holder.
5. The petition is disposed of alongwith the pending application.
HIMA KOHLI, J JANUARY 30, 2015 rkb EX.P.2/2014 Page 3 of 3