Om Prakash v. Chaman Industries

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 274/2003 OM PRAKASH ..... Decree Holder Through: Mr Munish Gupta, Adv versus CHAMAN INDUSTRIES ..... Judgement Debtor Through: Judgement Debtor No.3 in person

CORAM:

DR. SATINDER KUMAR GAUTAM (DHJS), JOINT REGISTRAR (JUDICIAL)

O R D E R

% 16.01.2017 Judgement debtor No. 3 in person appeared that Holambi Khurd industrial plot is already been disposed of and he is living in D-26, Second floor, Old Gupta Colony, Delhi-110009 and he has also paid the part payment approx Rs 20 Lacs towards came in his share and rest amount has to be paid by the judgement debtors who are living outside the terriortory of Delhi.

The decretal amount is less than two crores rupee as per the pecuniary jurisdiction as such the execution petition is to be transferred before the District Court in view of Section 4 of Delhi High Court (Amendment) Act 2015 (Act 23 of 2015) which came into effect from 26.10.2015 vide notification No. F. No L-19015/04/2012 Jus dated 26.10.2015 and extracts of the minutes dated 20.10.2016. Learned counsel for the parties submits that since JD No. 3 is residing in Rana Pratap Bagh under the Police Station Model Town

which falls within the jurisdiction of North District as other Judgement debtors are outside the territory of Delhi as such requested to send the matter before the Learned District & Session Judge (North District) Rohini Court.

In view of the submission and circumstances, the matter be sent to the Ld District & Session Judge, (North District) Rohini Court. Parties be directed to appear before the Court of Ld District & Session Judge (North District), Rohini Court on 02.03.2017. The suit files be made available to the Ld District & Session Judge (North District ) at Rohini Court on the date fixed. DR. SATINDER KUMAR GAUTAM (DHJS) JOINT REGISTRAR (JUDICIAL) JANUARY 16, 2017 SK