Application to transmit decree allowed ex parte - Challenge - No notice is required to be served on JD prior to transmit decree.

Citation

CDJ 2011 MHC 3523

Shree Latha agencies and others vs Ramnath and co Pvt Ltd

Head Note

Civil Procedure Code - Sections 3, 38, 39 and 42- Order 21 Rule 3, 5, 6(a), 8 and 22 -transmitting court should have found that the judgment-debtors must be carrying on business within the jurisdiction of the court - petitioners have challenged the impugned order passed by the Court below - court held - judgment-debtor cannot dictate terms to the decree-holder in filing Execution Petition and to satisfy the decree, in the absence of any legal bar - Petition is liable to be dismissed.

Cases Referred:
1. Manmatha Pal Choudhury and Others vs. Sarada Prasad Nath and others, 1939 AIR Cal 651;
2. Saralabala Devi vs. Shyam Prasad Chatterjee and others, AIR 1953 CAL 765;
3. Suryaprakasa Rao vs. Bhamidipati Venkata Dikshitalu and another, AIR 1933 Mad. 844;
4. Mohit Bhargava vs. Bharat Bhushan Bhargave and Others reported in 2007(5) CTC 298;
5. Ganesh vs. Sankaran and another reported in 2006(3)CTC 546;
6. State Bank of India vs. M/s Indexport Registered and Others reported in AIR 1992 SC 1740;
7. Jagat Kishore Prasad Narain Singh vs. Surendra Kumar Bhadani and Others reported in AIR 1963 Parna 461 (V 50 C 128).

Comparative Citations:
2011 (4) CTC 337, 2011 (3) LW 764, 2011 (7) MLJ 37