Citifinancial Consumer Finance ... vs Daulat Baburao Dhende & Anr.
2009 Latest Caselaw 588 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                            Ex.P No.30/2009

%                     Date of Decision: 18.02.2009

CitiFinancial Consumer Finance India Ltd         .... Decree Holder
                    Through Mr.Apoorv Garg, Advocate.

                                 Versus

Daulat Baburao Dhende & Anr.                      .... 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 by the decree holder seeking transfer certificate

to the Court of District Judge, Pune where the property of judgment

debtor is stated to be situated, for execution of the decree passed in

favor of the decree holder in accordance with law.

The decree holder had filed a claim for recovery against the

judgment debtors in respect of which arbitration proceedings were

conducted before the sole arbitrator Sh.Satish Kumar, Advocate. The

learned arbitrator passed an award dated 30th September, 2008 holding

that the judgment debtors are jointly and severally liable to pay a sum

of Rs.20,83,782.29/- along with interest computable @ 13% per annum

with effect from 27th November, 2007 till its realization. The arbitrator

had also held that if the amount awarded against the judgment debtors

will not be paid, the judgment debtors would hand over vacant peaceful

possession of the mortgaged property that is S No.18, Arunodaya

Bungalow, Sukhsagar Nagar Part-II, Katraj, Pune-411046 to the decree

holder who would be entitled to sell, transfer or alienate the said

mortgaged property towards realization/satisfaction of the awarded

amount along with the cost of the proceedings.

The decree holder is seeking execution of the decree for sale of the

property of the judgment debtors for an amount of Rs.23,94,751.12

along with future interest at 13% per annum till realization.

The decree holder seeks warrant of possession and attachment

and sale of the abovesaid mortgaged property. Since the property is

situated within the jurisdiction of District Judge, Pune, therefore, the

transfer certificate is prayed by the decree holder.

There doesn't seem to be any impediment in issuing a transfer

certificate in the facts and circumstances as the property of the

judgment debtors is situated within the jurisdiction of the District

Judge, Pune.

Therefore, a transfer certificate for the decree dated 30th

September, 2008 in arbitration Case No.CITI/HE/L-22/4 of 2008 in

CitiFinancial Consumer Finance India Ltd v. Daulat Baburao Dhende &

Ors is issued. The transfer certificate along with the copy of the award

be forwarded to the District Judge, Pune for execution of the decree

passed in favor of the decree holder.

With these directions the petition is disposed of.

FEBRUARY 18, 2009                                  ANIL KUMAR, J.
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