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High Court of DelhiCS(COMM)/1593/2016

Fedders Lloyd Corporation Ltd v. M/S Skylark Infraprojects Pvt Ltd

2017-05-30Hon'Ble Mr. Justice Manmohan2 pages

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1593/2016 FEDDERS LLOYD CORPORATION LTD ..... Plaintiff Through Mr.P.S.Bindra with Mr.Bhuvneshwar and Ms.Savi, Advocates.

versus M/S SKYLARK INFRAPROJECTS PVT LTD ..... Defendant Through None

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 25.09.2017 I.A.No.11307/2017 Present application has been filed for placing on record the change of name of the plaintiff-company and consequent amendment in memo of parties.

Today learned counsel for the plaintiff has handed over a photocopy of the certificate of incorporation issued by the Ministry of Corporate Affairs pursuant to the change of the name of the plaintiffcompany. The same is taken on record. In view thereof, the present application is allowed and the amended memo of parties is taken on record.

Accordingly, the application stands disposed of. I.A.No.11306/2017 Present application has been filed for transfer of decree dated 30th May, 2017 to the Court of District Judge, Shivagi Nagar, Pune,

Maharashtra for execution.

In the present application, it has been averred that the judgement debtor does not have any assets within the jurisdiction of this Court and all its assets are situated within the jurisdiction of the Court of District Judge, Shivagi Nagar, Pune, Maharashtra. Accordingly, the decree dated 30th May, 2017 is transferred to the Court of District Judge, Shivagi Nagar, Pune, Maharashtra for execution.

A certificate of transfer of the decree along with the certificate of non-satisfaction of the decree, along with ancillary documents be issued to the plaintiff/decree holder within a period of three weeks. The plaintiff/decree holder is granted four weeks to apply for execution to the concerned Court.

In view of the above present application stands disposed of. MANMOHAN, J SEPTEMBER 25, 2017 KA