VIPIN KUMAR Vs. PHOENIX AIRLINES PRIVATE LIMITED

JUDGEMENT

(1.) Pursuant to a decree dated 5/5/2000 in suit No.939/98, titled "Vipin Kumar vs. M/.s.Phoenix Airline Pvt. Limted & Others", for Rs. 36,96,000.00 with pendente life and future interest, passed against the judgment debtors/defendants, an execution petition No.78/2000, with a list of properties, including property No.55A, Block M-5, NIT, Faridabad, was filed. Apart from certain other properties, which are presently not relevant for consideration, property No.5M-55A, NIT, Faridabad, said to be owned by Shri B.K. Menon, judgment debtor, was attached on 12/6/2000. An objection petition being EA. No.487/2000 under Order XXI Rule 58 Civil Procedure Code purported to be on behalf of one Shri Vijay Adlakha S/o Shri Shyam Lal Adiakha, R/o 5M-55A, NIT, Faridabad, was filed on 6/11/2000, which was dismissed vide order dated 30/4/2001 reading to the following effect:-

(2.) The property No.5M-55A, NIT, Faridabad, was, thus, ordered to be put to sale consequent upon dismissal of EA.487/2000. Accordingly, a sale proclamation fixing 6/11/2001 between 10.00 a.m. to 1.00 p.m. for sale of the same was directed to be published on or before 20/10/2001 in two newspapers Statesman(English) and Dainik Jagaran (Hindi) apart from displaying the same on the notice board of this Court and that of District Courts, Faridabad.A copy of sale proclamation was directed to be affixed at a conspicuous place of the said property as well.

(3.) According to the learned counsel for the decree holder, all the formalities have been completed and now the property in question is to be put to sale by public auction on 6/11/2001 at the appointed time.