Asia Pragati Capfin Pvt Ltd v. M/S Bt & Fc Private Limited & Others

$~20 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ EX.P. 109/2016 ASIA PRAGATI CAPFIN PVT LTD ..... Decree Holder Through Mr. Indu Shekhar, Advocate for Mr.

J.S. Rawat, Advocate.

versus M/S BT & FC PRIVATE LIMITED & OTHERS ..... Judgement Debtors Through None.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 24.08.2017 EX.P. 109/2016 & EA(OS) No.325/2017 (for transfer of the Decree), EA(OS) No.476/2016 (for directions to file the details of all movable and immovable properties) The Decree Holder, by this petition, seeks execution of Decree dated 22.05.2015 in CS(OS) 1030/2012.

By the application EA(OS) No.325/2017, the Decree Holder seeks transfer of the Decree to Bengaluru City Civil Court at Bengaluru, Karnataka.

It is contended that as per the information of the Decree Holder, the properties owned by the Judgment Debtor are situated within the territorial jurisdiction of the said Court.

Since the execution of the decree is sought through attachment and sale of properties which are situated within the territorial EX.P. 109/2016

jurisdiction of the Bangalore Civil City Court. Accordingly, in terms of Section 39(1)(c), the Decree is transferred to the Court of Principal City Civil and Sessions Judge, Bengaluru City Civil Court, Bengaluru for the purposes of execution. The Registry is directed to transmit the relevant records to the Court of Principal City Civil and Sessions Judge, Bengaluru City Civil Court, Bangalore.

Accordingly, the applications as well as the petition are disposed of.

SANJEEV SACHDEVA, J AUGUST 24, 2017 st EX.P. 109/2016