M/S Bazel International Ltd. v. M/S Trident Projects Limited
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 82/2007, EA No.572/2008 (objections on behalf of M/s Go Well Constructions) & EA No.45/2017 (u/S 39 r/w S-40 CPC) BAZEL INTERNATIONAL LTD.
..... Decree Holder Through:
Mr. Dinesh Agnani, Sr. Adv. with Ms. Leena Tuteja, Adv.
Versus
TRIDENT PROJECTS LIMITED ..... Judgement Debtor Through:
None.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
O R D E R
% 03.02.2017 EA No.45/2017 (of the decree-holder under Section 39 read with Section 40 of the CPC) 1.
This execution petition was closed on 2nd December, 2016 when the decree-holder, inspite of repeated opportunities, failed to take effective steps for execution of the decree.
2.
The decree-holder has now filed this application stating that the decree-holder has now satisfied itself that the judgment-debtor is the owner of an immovable property at Gurugram, Haryana and seeking transfer of the decree to the Court of the District Judge, Gurugram, Haryana. 3.
Though no application for revival of the execution petition which was closed has been filed but on the oral request of the senior counsel for the decree-holder, the execution petition is revived and restored to its original position.
4.
The senior counsel for the decree-holder states that the decree was passed less than 12 years ago from today.
EX.P. 82/2007
5.
The senior counsel for the decree-holder on enquiry states that it has been confirmed that the property is still owned by the judgment-debtor and that the judgment-debtor has not been filing returns with the Registrar of Companies for several years.
6.
On request of the decree-holder, the decree is transferred for execution to the Court of the District Judge, Gurugram, Haryana. 7.
A transfer certificate along with a certificate of non satisfaction of the decree and ancillary documents be handed over to the counsel for the decree-holder.
8.
The application is disposed of.
RAJIV SAHAI ENDLAW, J FEBRUARY 03, 2017 'gsr'..
EX.P. 82/2007