G4s Plc (Formerly Known As Group 4 Securicor Plc) And Another v. G4 Excellence Management Security Solutions Private Limited And Others

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 76/2024 & EX.APPL.(OS) 1364/2024 G4S PLC (FORMERLY KNOWN AS GROUP 4 SECURICOR PLC) AND ANOTHER .....Decree Holders Through:

Ms.Yogita Rathore, Adv.

versus G4 EXCELLENCE MANAGEMENT SECURITY SOLUTIONS PRIVATE LIMITED AND OTHERS .....Judgement Debtors Through:

None.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 29.08.2024 1.

This petition has been filed under Order XXI Rule 10, 11(2) and 30 of the Code of Civil Procedure, 1908 (in short, 'CPC') praying, inter alia, for transfer certificate under Section 39 of the CPC read with Order XXI Rules 5 and 6 of the CPC, allowing the petitioners/Decree Holders herein to proceed with the execution of the Decree dated 04.03.2024 passed by this Court pursuant to the judgment dated 21.10.2021 and order dated 31.01.2024 in CS(COMM) No. 136 of 2020, against the Respondents/ Judgment Debtors, before the Commercial Division of High Court of Judicature at Madras since the assets of the Respondents/ Judgment Debtors are within the local limits of the transferee court and the Respondents/ Judgment Debtors carry on their business within the local limits of the transferee court.

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 02/09/2024 at 12:21:38

2.

It is contended that the assets of the respondents/Judgment Debtors are situated within the local limits of the Commercial Division of the High Court of Judicature at Madras. 3.

The learned counsel for the Decree Holder submits that no part of the decree has been satisfied. She submits that to the knowledge and belief of the Decree Holder, the impugned decree has not been challenged and has attained finality.

4.

Keeping in view the averments and the submissions made, the petition is allowed. The application is disposed of. 5.

Let the decree be transferred to the competent Court at the High Court of Judicature at Madras for purposes of execution. The Registry is directed to issue a transfer certificate in favour of the Decree Holder, along with the certificate of non-satisfaction of the decree and other ancillary documents in terms of Order XXI Rule 6 of the CPC. NAVIN CHAWLA, J AUGUST 29, 2024/rv/DG Click here to check corrigendum, if any 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 02/09/2024 at 12:21:38