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2016 Supreme(HP) 1872

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
United Electronics (India) Ltd. – Appellant
Versus
Ajay Kumar – Respondent


Advocates Appeared:
For the Appellants : Mr. B.C. Negi, Mr. Raj Negi
For the Respondents: Mr. Ramakant Sharma, Mr. Basant Thakur, Mr. Ajay Kumar Dhiman, Mr. Balwant Kukreja

JUDGMENT :

Mansoor Ahmad Mir, J.

This appeal is directed against orders, dated 27th March, 2015, 28th April, 2015, and 27th July, 2015, passed by the learned Single Judge in Execution Petition No. 1 of 2005, tilted as H.P. State Industrial Development Corporation versus M/s United Electronics (India) Ltd. and others (for short “the impugned orders”).

2. At the very outset, we deem it proper to record herein that the appellants have filed this appeal while invoking the jurisdiction of this Court in terms of Order 43 Rule 1(j) of the Code of Civil Procedure (for short “CPC”) and is not an appeal as per the mandate of Section 96 of the CPC, as recorded in the cause title.

3. Learned counsel for the parties argued the case at length.

4. It is profitable to give a brief resume of the facts of the case, which have given birth to the instant appeal.

5. Decree Holder Himachal Pradesh State Industrial Development Corporation (for short “HPSIDC”) earned decree in Civil Suit No. 8 of 1999, titled as Himachal Pradesh State Industrial Development Corporation Limited versus M/s United Electronics (India) Ltd. and others, was constrained to file Execution Petition in the year 2004, i.e. on 31st Decembe












































































































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