M M KNITWEARS PVT LTD Vs. SARL TEXEUROP

JUDGEMENT

(1.) The decree holder has filed an execution petition for execution of the decree dated 17th November, 2005 passed in CS (OS) No. 974/2002 seeking a decree for a sum of Rs. 91,21,289.83/- against judgment debtor.

(2.) The decree holder in the execution petition has stated that the suit/claim of the plaintiff/decree holder against defendant No.1 i.e. Iran Air was rejected as time barred vide order dated 1st February, 2005 and the suit was decreed against defendant No.2/judgement debtor herein vide order dated 17th November, 2005 and a decree was accordingly drawn in favour of the decree holder. The judgement debtor has not paid the decreetal amount. Hence the present execution petition has been filed by the decree holder with the prayer for attachment and sale of immoveable asset owned and in physical possession of the judgment debtor. The detail of the property is given as under :- <FRM>JUDGEMENT_542_LAWS(DLH)9_2014.html</FRM> 7

(3.) On 28th February, 2011 when the execution petition for the first time was listed before Court, notice was issued to the judgment debtor. Till date service could not be effected upon the judgment debtor. In the meanwhile decree holder has filed the above mentioned application being Ex.Appl (OS) No. 483/2011 under Section 39 read with Order XXI Rule 5 of the CPC seeking transfer of the execution petition to France in terms of Section 44A CPC on the ground that the judgment debtor as well as the immoveable assets sought to be attached towards the satisfaction of the decreetal amount are outside the local limits of the jurisdiction of this Court. In support of his submissions the learned counsel for the decree holder has placed on record relevant documents and notification to show that France is a reciprocating State. The said documents read as under:-