Harsh Vardhan Bansal & ANR v. Niho Construction Ltd & ANR

$~16.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. No.37/2016 and Ex. Appl. (OS) No.191/2016 (under Sections 11&12 of the Contempt of Court Act).

HARSH VARDHAN BANSAL & ANR ..... Decree Holders Through:

Decree holder no.1 in person.

versus NIHO CONSTRUCTION LTD & ANR ..... Judgement Debtors Through:

Mr. Manish Kumar with Mr. Pulkit Choudhary, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 07.09.2016 1.

Notice of execution was issued and all the four judgment debtors are reported to have been served and counsel appears on their behalf and seeks adjournment stating that two of the judgment debtors are in judicial custody. 2.

No adjournment on such grounds can be granted. 3.

While issuing notice of the execution, vide order dated 9th March, 2016 the property no.X-22, First Floor, Hauz Khas, New Delhi was ordered to be attached; however the decree holders did not take steps for execution of the warrants of attachment.

4.

The counsel for the decree holders also does not appear and Mr. Harsh Vardhan Bansal decree holder no.1 appears in person and seeks adjournment.

5.

Execution is of a decree for recovery of a sum of Rs.78,36,086/-. The suit was also for recovery of Rs.94,19,209/-. EX.P. No.37/2016

6.

In accordance with the Office Order dated 24th November, 2015 of Hon‟ble the Chief Justice in exercise of powers under Section 4 of the Delhi High Court (Amendment) Act, 2015 this execution petition is ordered to be transferred to the Court of District Judge (South), Saket Courts within whose jurisdiction the property by attachment and sale of which execution is sought is situated.

7.

The parties to appear before the Court of the Additional District Judge/District Judge (South), Saket Courts Complex, New Delhi on 26th October, 2016.

8.

Attachment of the property already ordered, to continue. RAJIV SAHAI ENDLAW, J SEPTEMBER 07, 2016 „pp‟..

EX.P. No.37/2016