M/S.Deutsche Postbank Home ... vs Sh. H.M. Vasavaiah And Others
2009 Latest Caselaw 1113 Del

*              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

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'