L And T Finance Ltd. v. Mr. Hamabhai Sagrambhai Sambad And ANR.

36.11161.12-chs FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1161/2012 IN EXECUTION APPLICATION (L) NO.76/2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. S. I. Joshi i/b. S. I. Joshi & Co. for the applicant CORAM : K. K. TATED, J.

DATE : SEPTEMBER 11, 2017 P.C.:

1.

Heard. The learned counsel for the applicant submits that in the present execution application they have to recover sum of Rs. 15,15,482/- with interest @ 24% p.a. She submits that now she has received instructions from her client that the defendants are staying within the jurisdiction of Surendra Nagar, Gujarat State. She submits that the execution application is required to be transferred to Surendra Nagar. To that effect, the learned counsel for the applicant filed affidavit dated 11.09.2017. Same is taken on record.

2.

In para 2 of the affidavit, the applicant has explained the reasons for transferring the decree to Basavraj G Patil 1/2

36.11161.12-chs the District Court, Surendra Nagar, Gujarat.

3.

Considering the submissions made by the learned counsel for the applicant and the averments made in para 2 of the additional affidavit dated 11.09.2017 in support of the execution application, I am satisfied that the applicant has made out a case for allowing them to transfer the execution application to the District Court, Surendra Nagar, Gujarat.

4.

Hence, following order is passed:

a.

Office to take appropriate steps for transferring the decree in the present proceedings to the District court, Surendra Nagar, Gujarat for execution on compliance of all the procedure by the plaintiff for transferring the decree.

b.

The plaintiff to comply with all the formalities within 8 weeks from today.

c.

The Chamber Summons stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2