JD have business within jurisdiction of transferee court - 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
Shree Latha Agencies, rep. By its Partner, K. Subramanian & Another Versus Ramnath & Co. P. Ltd. rep. by its Managing Director, N. Venkateswaran 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 |
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