NAVIA SEBASTIAN Vs. NIPPON INFRA PROJECT (P) LTD.

JUDGEMENT

(1.) The decree holder in O.S. No. 417 of 2011 on the file of the Subordinate Court, Ernakulam has come up with this appeal aggrieved by the order dated 30.08.2018 whereby allowing the claim petition filed under Order XXI Rule 58 of the Code of Civil Procedure as E.A. No. 288 of 2018, in E.P. No. 232 of 2017, and lifting the attachment effected by the execution Court.

(2.) The claim petitioner is M/s. Nippon Infra Project (P) Ltd. represented by its Director Sri. John George. The property scheduled in the petition is having an extent of 41.997 Ares comprised in Sy. Nos. 85/19/A/1 and 85/18 of Edappally south Village. It forms part of a larger extent of 83.06 Ares of Edappally south village. The property has been purchased by the claim petitioner as per sale deed bearing No. 2892/2008 of SRO Edappally and it is being enjoyed by the company by effecting construction of a 16 storied commercial building. But it was attached in execution of the decree in the suit (O.S. No. 417/2011). The claimant is not liable to compensate the Decree holder or to satisfy the decree debt and hence the petition was filed to lift the attachment and to allow the claim petition.

(3.) The decree holder resisted the petition inter alia contending that M/s. Nippon Infra Project (P) Ltd. is one of the projects of the judgment debtor, namely, M/s. Infra Housing Project (P) Ltd. Both the companies have common Directors and investors. The property attached is in the joint ownership of the claim petitioner as well the judgment debtor and hence the claim petitioner has no exclusive right over the property under attachment.