Shri Kamal Jain v. Aura Institutions Pvt Ltd & Anr

O R D E R %

11.04.2017

EA No. 154/2017 (u/S 151 CPC r/w Order XXI Rule 24 to effect services of execution petition on judgement debtors)

Heard.

The counsel for the applicant/decree holder submits that vide order dated 27.02.2017 the subject execution petition was ordered to be transferred to District Court for 26.04.2017. He has prayed that before dispatching the file, this Court may send the notice of execution petition to judgement debtor No.1 through Jail Superintendant, District Jail, Rohini, Delhi where JD No.1 is presently lodged.

Vide order dated 27.02.2017, the matter already stands transferred to the District Court on account of jurisdiction, therefore, only the Court having the jurisdiction can pass any effective order in the matter.

However, vide order dated 27.02.2017, the parties were directed to appear before the District & Sessions Judge (New Delhi District) Patiala House Court on 26.04.2017. Therefore, it will be in the interest of justice, equity and fair play to inform the JD No.1 as well about the execution petition. Accordingly, before transmission of the file to the District & Sessions Judge (New Delhi District) Patiala House Court, notice be sent to JD No.1 through Jail Superintendant, District Jail, Rohini, Delhi informing about pendency of the execution petition and transfer of the execution petition before the District & Sessions Judge (New Delhi District) Patiala House Court where the matter will be taken up on 26.04.2017.

Application stands disposed of.

The copy of this order be given dasti as prayed.

SH. AJAY KUMAR KUHAR (DHJS)

JOINT REGISTRAR (JUDICIAL)

APRIL 11, 2017 sk

* IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 11/2016 SHRI KAMAL JAIN ..... Decree Holder Through: Mr Saurabh Malhotra, Adv versus AURA INSTITUTIONS PVT LTD & ANR ..... Judgement Debtor Through: None CORAM: SH. AJAY KUMAR KUHAR (DHJS), JOINT REGISTRAR (JUDICIAL)