Shri Anil Maheshwari v. Lambda Infratech Limited
$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 15/2025 EX.APPL.(OS)198/2025 EX.APPL.(OS)200/2025 SHRI ANIL MAHESHWARI .....Decree Holder Through:
Mr. Deepank Yadav, Adv.
versus LAMBDA INFRATECH LIMITED .....Judgement Debtor Through:
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 03.02.2025 EX.APPL.(OS)199/2025 1.
This application has been filed on behalf of the decree holder under Section 39 read with Order XXI Rule 6 of CPC for transfer of judgment and decree dated 29th October 2015 passed by this Court in CS(OS) 669/2012 to the Special Commercial Court, at Gurugram and issuance of a Transfer Certificate for the same.
2.
The judgement and decree pertain to a commercial dispute regarding recovery of money, against goods supplied under a commercial contract. 3.
DH states that as per information received, JD has already liquidated most of his assets and changed its name. JD is in the process of liquidating remaining assets and properties to frustrate the rights of DH. 4.
It is further learnt, that JD is operating his business from the State of Haryana and more specifically in the district of Faridabad and has considerable assets there, which are sufficient to satisfy the present decree. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2025 at 15:01:45
5.
It is, therefore, prayed that the judgment and decree dated 29th October 2015 be transferred to the Special Commercial Court at Gurugram, which exercises jurisdiction, for its execution. 6.
As per the schedule of properties appended to the execution petition, counsel for DH points out to properties listed at S. No. II at Appendix I and properties listed at S. No. D & E at Appendix II, which fall within the jurisdiction of the Special Commercial Court at Gurugram. 7.
Accordingly, the said judgment and decree dated 29th October 2015 be transferred to the Special Commercial Court at Gurugram for execution in respect of these properties and any other properties, which may be found to be held by JD within the jurisdiction of the Court. 8.
Certificate of transfer be issued accordingly by the Registry in this regard and a copy of the order be sent to the said Court, along with a copy of judgment and decree and a copy of this order, as well. 9.
Application is disposed of accordingly.
10.
It is made clear that no other orders have been passed relating to the satisfaction of the decree by this Court.
EX.P. 15/2025 1.
Petition is disposed of.
2.
Pending applications, if any, are also disposed of as being rendered infructuous.
3.
Order be uploaded on the website of this Court. ANISH DAYAL, J FEBRUARY 3, 2025/MK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2025 at 15:01:45