BINATONE COMPUTERS PVT LTD Vs. SETECH ELECTRONICS LTD

JUDGEMENT

(1.) OBJECTIONS under Order 21 Rules 58 and 59 CPC have been preferred by Mrs. Kusum Lata Jalan and Mr. Prachir Jalan with respect to the attachment of property No. E-947, Chittranjan Park, New Delhi, at the instance of the Decree holder in Execution against M/s. Setech Electronics Limited. Ex-parte order of attachment was made by this court on the representation of the Decree Holder that the said property was the property of the Judgment Debtor and had been attached in earlier execution petition against the Judgment Debtor also.

(2.) THE objectors claim to be the owner of the property and have in support thereof filed before this court photocopies of (i) the lease deed executed by the President of India with respect to the land underneath the said property in favour of Mr. Piyush kanti Sen Gupta; (ii) the agreements to sell executed by the said Mr. Sen Gupta in favour of the objectors with respect to the said property; (iii) receipts executed by the said Mr. Sen Gupta of sale consideration with respect to the said property from the Objectors; and (iv) the order dated 10th October, 2001 of the MCD allowing mutation of the said property in the name of the objectors. The counsel for the objectors has today in court, as directed earlier given inspection of the originals of the said documents to the counsel for the Decree holder.

(3.) THE Decree Holder has opposed the objections and has contended that the said property was the address of the registered office of the Judgment Debtor company and it is further contended that the objectors are in collusion with the Judgment Debtor.