Masood Asif vs M/S India Builders Corporation
2021 Latest Caselaw 183 Kant

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       IN THE HIGH COURT OF KARNATAKA, BENGALURU

         DATED THIS THE 5TH DAY OF JANUARY, 2021

                        BEFORE

         THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

          WRIT PETITION NO.69 OF 2021(GM-CPC)
BETWEEN:

MASOOD ASIF,
REPRESENTED BY SHANKER UJJAINWALA,
BEING POA APPOINTED BY MR.IAN ROBERT, THE
COURT APPOINTED RECIVER FOR THE PETITIONER,
A LICENSED INSOLVENCY
PRACTITIONER OF MOORE KINGSTON,
SMITH AND PARTNERS DEVONSHIRE HOUSE,
60 GOSWELL ROAD, LONDON ECIM 7AD,
UNITED KINGDOM.
                                       ...PETITIONER

(BY SRI. SHREYAS JAYASIMHA, ADVOCATE)

AND:

M/S INDIA BUILDERS CORPORATION,
PARTNERSHIP FIRM,
HAVING ITS AT SHERIFF CENTRE,
NO.73/1, ST.MARKS ROAD,
BANGALORE -560 025.
REPRESENTED BY ITS PARTNER
MR ZIAULLA SHERIFF.
                                   ... RESPONDENT

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
LEARNED XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
CCH-06, BENGALURU TO DISPOSE THE EXECUTION PETITION
NO.896 OF 2003 AS EXPEDITIOUSLY AS POSSIBLE WITHIN
PERIOD OF SIX MONTHS FROM THE DATE OF ORDER.

    THIS PETITION COMING ON FOR ORDERS THIS DAY
THROUGH VIDEO CONFERENCE, THE COURT MADE THE
FOLLOWING:-
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                             ORDER

Petitioner being the Decree Holder in Execution Petition

No.896/2003 is knocking at the doors of Writ Court seeking a

direction for its expeditious disposal.

2. Notice to respondent-Judgment Debtor is dispensed

with since the prayer in the petition is innocuous and that the

Judgment Debtor shall have an opportunity of resisting the

execution petition in the Court below.

3. Speedy justice being one of the assets of Article 21

of the Constitution of India, petitioner is more than justified in

invoking the writ jurisdiction since execution is of the year

2003 and the foreign decree put into enforcement was made on

08.10.2002.

In the above circumstances, this writ petition is disposed

off requesting learned judge of the Court below to accomplish

the execution proceedings within an outer limit of nine months

and report compliance to the Registrar General of this Court.

All contentions of the parties have been kept open.

Sd/-

JUDGE Bsv