High CourtsSingle Bench(2009) 09 DEL CK 0083

Heat Exchange (P) Ltd. vs Ajit Mittal Corporation

Delhi High Court · Decided on 15 September 2009

HON’BLE JUDGES
S.N. Dhingra, J
CASE NUMBER
Ex. P. 113 of 2009 & OMP 273 of 2009

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Judgment

5 paragraphs · 268 words

Shiv Narayan Dhingra, J.—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.

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.