Precision Metal Products Pvt.Ltd. v. Vineet Sethi And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 6626 OF 2025 VAISHALI ANIL TIKAM IN SUMMARY SUIT NO. 2576 OF 2001 Precision Metal Products Pvt. Ltd.

...Applicant/ Plaintiff by VAISHALI ANIL TIKAM Date:

2025.12.24 11:35:16 +0530 V/s.

Vineet Sethi alias Voneat Sethis and Anr.

...Respondents/Defendants

Mr. Sameer R. Bhalekar, Advocate for the Applicant.

CORAM

:

ABHAY AHUJA, J.

DATE :

22nd DECEMBER 2025 P.C. :

1.

This Interim Application was called out in the morning session, however, it was kept back as the Learned Advocate for the Applicant sought time to obtain the affidavit of service. 2.

When the matter is called out the afternoon session, Mr. Bhalekar, learned Advocate appearing for the Applicant has furnished an affidavit of service. The Court Associate confirms that the service has been effected in the matter.

3.

Mr. Bhalekar submits that earlier for execution of ex-parte decree dated 5th September 2006, transfer certificate had been issued by this Tikam 1/3

Court to the District Judge, District Court, Tis Hazari Court, Delhi, by a transfer certificate dated 5th August 2009 bearing no.

EX/TD/2009/9924.

4.

Mr. Bhalekar submits that on 14th October 2022, the Court of ADJ-07, South-East District, Saket Courts, New Delhi queried whether in the absence of any transfer certificate addressed to the Court of the Learned Principal District and Sessions Judge, South East District, Saket Courts, New Delhi, the Court of ADJ-07, South East District, Saket Courts, New Delhi could execute the subject decree. The decreeholder, who is the Applicant herein was granted liberty to approach either this Court or the first transferee Court viz. Tis Hazari Court for obtaining requisite transfer certificate.

5.

Mr. Bhalekar submits that earlier when the Tis Hazari Court was approached, however, since the packet containing the original transfer certificate could not be located, this application has been preferred before this Court seeking issuance of a fresh transfer certificate addressed to the Principal District and Sessions Judge, South-East District, Saket Courts, New Delhi for execution of decree dated 5th September 2006 passed in Summary Suit No. 2576 of 2001. 6.

I have heard the learned counsel and considered this application. In view of the aforesaid facts, this Court is of the view that a fresh Tikam 2/3

transfer certificate be issued to the Principal District and Sessions Judge, South-East District, Saket Courts, New Delhi for execution of the decree dated 5th September 2006 passed in Summary Suit No. 2576 of 2001.

7.

It is clarified that the fresh transfer certificate would cover only the outstanding amount under the decree dated 5th September 2006 to the extent not satisfied by certificate regarding the same decree dated 6th August 2009.

8.

The Interim Application is accordingly allowed and disposed in the aforesaid terms.

(ABHAY AHUJA, J.) Tikam 3/3