Magma Fincorp Limited v. Sumer Singh & ORS

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 503/2016 MAGMA FINCORP LIMITED ..... Petitioner Through Mr.Ashwani Mata, Sr. Adv. with Mr.

Sanjeev Singh, Advocate.

versus SUMER SINGH & ORS ..... Respondents Through Nemo.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 20.05.2016 C.M. No.19528/2016 (exemption) Exemption is allowed subject to just exceptions. Application disposed of.

CM(M) 503/2016 & C.M. No.19527/2016 The prayer in this petition is to withdraw the proceedings which are pending before the Executing Court. The petitioner before this Court is the decree holder. His submission is that the assets of the judgment debtor (both movable and immovable) cannot be traced out and no useful purpose would be served in keeping these executing proceedings alive. Accordingly, he seeks permission of this Court to withdraw these executing proceedings. Submission being that a prayer to the said effect has been made before the Executing Court but the same was not considered.

Permission granted. The execution petition filed before the

Executing Court is dismissed as withdrawn. The decree holder will be at liberty to file a fresh execution petition as and when he locates the assets of the judgment debtors.

With these directions petition disposed of.

Order dasti under signatures of the Court Master. INDERMEET KAUR, J MAY 20, 2016 ndn