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2014 Supreme(Ker) 662

K.HARILAL
Cement Corporation of India Limited – Appellant
Versus
Rack Marketing Agents – Respondent


ORDER

1. This revision petition is directed against the order passed in E.P. No. 196 of 2009 on the files of the Additional District Court-I, Thiruvananthapuram. The revision petitioner, a Government of India undertaking, is the decree holder and the respondent, a partnership firm represented by its Managing Partner, is the judgment debtor. A decree for realisation of Rs. 1,12,82,248/- was passed by the High Court of Delhi in Suit No. 1484 of 1994 in favour of the petitioner in terms of arbitration award dated 28/06/1994. The decree was transferred to the District Court, Thiruvananthapuram, by the High Court of Delhi and the decree holder filed the above E.P. to execute the decree against the respondent/judgment debtor. The judgment debtor has not chosen to enter appearance to contest the execution petition on merits. The execution petition was filed, seeking realisation of the said amount, from the property sought to be attached of the respondent herein, who is the Managing Partner of the firm. The court below considered the question whether the property of the Managing Partner of the partnership firm can be proceeded with to execute the decree against the firm? After considering



















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