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2013 Supreme(Del) 168

MANMOHAN
BHARAT PETROLEUM CORPORATION LTD – Appellant
Versus
JAGRIT KHAITAN – Respondent


Advocates Appeared:
Mr. Maninder Singh, Sr. Advocate with Mr. Annam Venkatesh, Advocate
Mr. Sandeep Sethi, Sr. Advocate with Mr. Rony John, Ms. Shruti Sabharwal, Mr. Tarn Gulati, Mr. Neel Hildreth and Ms. Preeti Gupa, Advocates for the objectors/applicants

JUDGMENT

MANMOHAN, J.

1. Present two applications have been filed on behalf of Mr. Amit Ahuja and Ms. Shalini Ahuja, the objectors under Order 21 Rule 58 read with Section 151 CPC with the following common prayers:-

“(a)Allow the present Objections and release wholly the Property being C-160, Defence Colony, New Delhi – 110 024 from attachment;

(b)Direct the Decree Holder to remove the Property situated at C-160, Defence Colony, New Delhi – 110 024 from the List of the Properties of the Respondents/Defendants/Judgment Debtor; and

(c)Pass any other or further order(s) which this Hon’ble Court may deem fit in the interest of justice and equity.”

2. Mr. Sandeep Sethi, learned senior counsel for the applicants/objectors in both the applications states that the judgment debtor had transferred the property bearing No. C-160, Defence Colony, New Delhi – 110 024 by way of two registered sale deeds dated 26April, 2006 in favour of the objectors. He states that the restraint/stay order had subsequently been passed by this Court on 01st June, 2006. He points out that the recovery decree in favour of the decree holder and against the judgment debtor had been passed by this Court on 24August, 2007














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