Heat Exchange (P) Ltd. vs M/S Ajit Mittal Corporation
2009 Latest Caselaw 3778 Del

*            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