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Judgment
Ex. Pet. 58/2017 & Ex.Appl.(OS) 261/2017 (for transfer of decree for execution to the Court of District Judge Valsad, Gujarat)
The Decree Holder seeks execution of Decree dated 23.03.2017
in CS(COMM.) 178/2016, whereby, this Court has decreed the suit,
filed by the plaintiff/Decree Holder, for a sum of Rs.1,52,49,918.07
and pendente lite and post decree interest @ 12% per annum.
The suit was contested by the Judgment Debtor and the decree
has been passed.
The Decree Holder seeks execution of the decree by attachment
and sale of, inter alia, the plant and machinery and other movable
assets alongwith the land and building of the Judgment Debtor at Plot
No. 409, GIDC Industrial Estate, Phase III, Opposite Prakash Steelage
Ltd., Umbergaon-396171, District Valsad, Gujarat.
Since the execution petition has been filed within a period of
two years from the date of the decree, in terms of order XXI Rule 22
of the Code of Civil Procedure, it is not necessary to issue notice to
the Judgment Debtor to show cause against execution of the decree.
Since the assets of the Judgment Debtor, attachment and sale of
which is sought for recovery of the decretal amount, are situated in the
State of Gujarat, the Decree Holder has also filed an application under
Order XXI Rule 6 seeking transfer of the decree for execution to the
Court of District Judge Valsad, Gujarat.
The application is allowed.
The decree is transferred to the Court of District Judge, Valsad,
Gujarat for the purposes of execution.
After the execution of the decree and, satisfaction thereof in
part or in full, the District Judge, Valsad shall submit Certificate of
Satisfaction to this Court.
Ex.Appl.(OS) 262/2017 (under Section 46 read with Section 151 CPC)
By this application, the Judgment Debtor seeks attachment of
the land and building, plant and machinery and other movable assets
of the Judgment Debtor lying at its factory at Plot No. 409, GIDC
Industrial Estate, Phase III, Opposite Prakash Steelage Ltd.,
Umbergaon-396171, District Valsad, Gujarat.
It is contended that the Decree Holder apprehends that the
Judgment Debtor is likely to create third party interest in its property
prior to the execution of the decree.
For the reasons stated in the application, the application is
allowed.
A precept, in terms of Section 46 of Code of Civil Procedure be
issued to the Court of District Judge, Valsad to attach the properties of
the Judgment Debtor comprising of land and building, plant and
machinery and other movable assets lying at Plot No. 409, GIDC
Industrial Estate, Phase III, Opposite Prakash Steelage Ltd.,
Umbergaon-396171, District Valsad, Gujarat.
The application is disposed of.
Ex. Pet. 58/2017
In view of the above order, the execution petition is, accordingly, disposed of.
The Registry is directed to take steps in terms of Order XXI Rule 6 of CPC for transmission of the decree to the Court of District Judge, Valsad, Gujarat.
Dasti under the signatures of the Court Master.