P E C Limited v. Shreeji Overseas India Pvt Limited

$~52 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ EX.P. 289/2014 P E C LIMITED ..... Decree Holder Through:

Mr Sanjeev Narula and Mr Anshuman Upadhyay, Advocate.

versus SHREEJI OVERSEAS INDIA PVT LIMITED..... Judgement Debtor Through:

Mr Darpan Wadhwa, Mr Aseem Chaturvedi, Ms Ritika Ahuja and Mr Mohit Sharma, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 09.01.2017 EA(OS) No.604/2014 1.

The Decree Holder has filed the present application under Order XXI Rule 5 of the Code of Civil Procedure,1908 inter alia praying that the Award dated 30.11.2012 be transferred to a court of competent jurisdiction in Gujarat.

2.

The learned counsel for the Decree holder states that the Judgment Debtor does not have any property within the territorial jurisdiction of this Court and therefore, the award in question ought to be transferred to a court of competent jurisdiction in the State of Gujarat where the properties of the Judgment Debtor are located.

3.

In view of the above, the present petition is disposed of with liberty to the Decree Holder to move the appropriate court for enforcement of the arbitral award dated 30.11.2012.

VIBHU BAKHRU, J JANUARY 09, 2017