KARAM CHAND Vs. CUTTING EDGE INFRASTRUCTURE PVT. LTD.

JUDGEMENT

(1.) Ex. F.A. 25/2017, CM Appl. 24849/2017 & 27933/2017

(2.) The appellant had loaned monies to Harwinder Singh - respondent no.2 in November and December, 2003. Since there was default in its repayment, he filed a suit for recovery of the monies before the High Court of Himachal Pradesh. The suit was decreed on 28.09.2010. During the pendency of the said suit, Harwinder Singh by order dated 06.07.2005 was restrained from selling, transferring or encumbering the aforesaid property. This order was confirmed on 19.12.2006. It is in execution of this decree dated 28.09.2010 that the appellant has sought attachment of the aforesaid property.

(3.) Respondent no.1 - Cutting Edge Infrastructure Pvt. Ltd. (Cutting Edge) opposed the attachment on the ground that the Judgment Debtor (JD) - Harwinder Singh and his wife were co-owner of the aforesaid property admeasuring 199 sq. yds.; vide an unregistered agreement dated 06.03.2003 they had agreed to sell it to M/s Anant Raj Agencies Pvt. Ltd. (Anant Raj) for a consideration of Rs. 62 lacs, of which Rs. 60 lacs had been paid vide two cheques of Rs. 30 lacs each, and the same were credited to the account of Harwinder Singh on 07.03.2003 [as recorded in the order of the Division Bench of this Court dated 16.05.2012 in EFA(OS) No. 19/2012].