The applicant Official Liquidator filed application to transmit a decree to the District Court at Davangere, Karnataka for execution. The court allowed the application as the judgable debtors reside within that court's jurisdiction.
Transmission of Decree in C.A.No.942 of 2004 to District Court at Davangere, Karnataka State, for execution.
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THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.1948 of 2011 In Company Petition No.173 of 2011
27th December, 2011
Between :-
M/s.Monarch Finlease Limited (in Liqn) Rep.by the Official Liquidator High Court of Andhra Pradesh, Hyderabad .. Applicant
THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY
Company Application No.1948 of 2011
In Company Petition No.173 of 2011
ORDER:-
This application has been filed by the Official Liquidator representing M/s.Monarch Finlease Ltd (in Liqn) under Sections 38 to 40 of C.P.C. read with Order XXI Rules 5 and 6 of C.P.C., and Rule 9 of the Companies (Court) Rules, 1959, to transmit the Decree dated 13-10-2004 made in C.A.No.942 of 2004 in C.P.No.173 of 2001 to the file of the District Court at Davangere, Karnataka State, for execution. This Court by an order dated 12-2-2002 made in C.P.No.173 of 2001 appointed the Official Liquidator attached to this Court as Provisional Liquidator of M/s.Monarch Finlease Limited. Subsequently, by an order dated 1-11-2006 made in C.P.No.173 of 2001, this Court directed for winding up of M/s.Monarch Finlease Limited and appointed the Official Liquidator as its Liquidator. The Official Liquidator filed C.A.No.942 of 2004 under Section 446 (2) (b) of the Companies Act, 1956 seeking a Decree against B.Mallikarjuna
and another for recovery of an amount of Rs.33,058/- along with interest at 12% per annum w.e.f., 23-8-2001 till the date of realization. The said application came to be allowed granting a Decree on 13-102004 for Rs.33,058/-with interest at 12% per annum from 23-8-2001 till the date of realization. The Judgment Debtors are stated to be residing within the jurisdiction of the District Court at Davangere, Karnataka State. Hence, this application.
Heard learned Counsel appearing for the applicant and perused the material brought on record.
Since the Judgment Debtors in C.A.No.1942 of 2004 are stated to be residing within the jurisdiction of the District Court at Davangere, Karnataka State, this application is allowed transferring the Decree in C.A.No.942 of 2004 to the District Court at Davangere, Karnataka State, for execution..
Accordingly, this Company Application is allowed.
________________________ B.Seshasayana Reddy, J 27th December, 2011
smr
1 issue framed by the court
Whether the decree passed by this Court can be transmitted to the District Court at Davangere, Karnataka State, for execution based on jurisdiction of the judgment debtors.
2 provisions across 2 enactments
M/s. Monarch Finlease Limited (in Liqn) Rep. by the Official Liquidator
B. Seshasayana Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
