Experion Developers Pvt. Ltd. v. Ans Constructions Pvt. Ltd.
$~23.
* IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 9/2018 EXPERION DEVELOPERS PVT. LTD.
.... Decree Holder Through:
Mr. Amit Bhatnagar and Mr. Anil Bhatnagar, Advs.
versus ANS CONSTRUCTIONS PVT. LTD.
..... Judgement Debtor Through:
None.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
O R D E R
% 31.01.2018 1.
Execution is sought of a money decree by issuance of warrants of attachment of movables of the judgment debtor lying at its office at E-2/ Block B-1 Extension, Mohan Co-Operative Industrial Estate, Mathura Road, New Delhi - 110 044.
2.
The address of the judgment debtor in the decree is at 144/2, Ashram, Mathura Road, New Delhi. Execution is not accompanied with any affidavit stating that the judgment debtor has changed its address from that given in the decree to the address at which warrants of attachment are sought to be issued. There is no such plea in the Execution Application either. 3.
The counsel for the decree holder on enquiry states that the address given in the Execution is as available on the website of Ministry of Corporate Affairs.
4.
No such document evidencing the same has been filed along with the Execution.
5.
The counsel for the decree holder on being permitted to hand over the document in the Court has handed over a document which is relating to ANS EX.P. 9/2018
Infrastructure Pvt. Ltd. The decree is against ANS Constructions Pvt. Ltd. 6.
On enquiry, it is stated that the name of the judgment debtor has changed from ANS Constructions Pvt. Ltd. to ANS Infrastructure Pvt. Ltd. However the Execution is still sought against ANS Constructions Pvt. Ltd. There is not a whisper in the Execution or in the affidavit accompanying the same, in this regard.
7.
Such half baked execution petitions cannot be entertained. Dismissed.
RAJIV SAHAI ENDLAW, J JANUARY 31, 2018 „pp‟..
EX.P. 9/2018