M/S Coolon India Pvt Ltd vs Anil Monga
2015 Latest Caselaw 869 Del

$~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

@ 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

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