TCI FINANCIAL LIMITED Vs. NICON FABRICATORS

JUDGEMENT

(1.) PLAINTIFF has taken out this Execution Application in the year 2008 based upon the arbitration award of the year 2001 against the defendants including defendant no.2, who is husband of the applicant. This court, based upon the execution application issued warrant of attachment of immovable, as well as, movable property as contemplated under Order 41, Rule 43 of Code of Civil Procedure (C.P.C.) and in that proceedings, the immovable as well as movable property of the applicant got attached. Therefore, this applicants Chamber Summons.

(2.) PLAINTIFF , the decree holder, can attach movable and immovable property of the judgment debtor and the property, though in the name of third person, if it is averred and supported by documents that holding is in Trust and has right to dispose of it, therefore, entitled to attach and sell those properties, as contemplated under Section 60 C.P.C. and/or even otherwise.

(3.) THE property in question, as averred, and not denied by the plaintiff is tenanted residential premises. Judement/ debtor is not the owner of the immovable property. Mere residential address shown that itself in my view is not sufficient to attach immovable property, based upon the decree in question. In support of Chamber Summons and the affidavit, documents are filed to show/demonstrate that the property i.e. immovable as well as, movable are not owned by the judgment debtor/defendants.