M.Vijay Kothari v. Vishal Krishna

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P.No.839 of 2021 M.Vijay Kothari .. Petitioner Vs.

1.Vishal Krishna 2.Vikram Krishna .. Respondents PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, praying to withdraw and transfer the E.P.381 of 2021 from XXVI Assistant City Civil Court, Chennai to any other City Civil Court, Chennai to complete the proceedings within the time frame fixed by this Court.

For Petitioner : Mr.G.Surya Narayan

O R D E R

The grievance of the petitioner is that though the execution petition in E.P.No.381 of 2021 has been filed seeking payment of money by the Garnishees, who according to the petitioner are in possession of the monies belonging to the judgment debtors, the Executing Court had mechanically ordered notice to the judgment debtors. The execution petition is pending for nearly 8 months without notice being ordered to the garnishee.

2. I do not see any ground to entertain this Transfer Civil Miscellaneous Petition. This Transfer Civil Miscellaneous Petition is disposed of with a direction to the executing Court viz., XXVI Assistant City Civil Court, Chennai to issue notice to the Garnishees forthwith and proceed with the execution petition against the garnishees. No costs.

Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

dsa To The XXVI Assistant Judge, City Civil Court, Chennai.

+1cc to Mr.G.Suryanarayanan, Advocate SR. No.62832 TR.C.M.P.No.839 of 2021 PMK (CO) PR (15/12/2021) https://hcservices.ecourts.gov.in/hcservices/