MADVAI AHLUWALIA Vs. VIMAL KUMAR GUPTA

JUDGEMENT

(1.) FACTS:

(2.) In those circumstances, this execution application was filed in this Court by Smt. Madhavi Ahluwalia. It was filed on 28th September, 2011. The tabular statement of this application asked for a receiver to take possession of properties mentioned in schedule I of the application. The receiver was to reconvey the properties mentioned in schedule II. The receiver would also collect rents and profits of the properties mentioned in schedule VI. The judgment debtors should not part with possession of the properties mentioned in schedule I, II, III and IV and annexures D , E , F and G of the application. There is no dispute that nearly all the properties are situated outside the jurisdiction of this court. Two minor properties are within its jurisdiction. On 5th December, 2011, the said application for dismissal of the execution application was made. Now, between the date of filing of the execution application and the application filed on 5th December, 2011 I passed an exparte order on 1st November, 2011 in the execution application appointing joint receivers to make an inventory of the properties described in schedule I and VI of the tabular statement. An order of injunction was also passed restraining the respondents from dealing with those properties.

(3.) According to the application of the respondent No. 2 group, this court had no competence to proceed with the execution and adjudicate the questions required to be adjudicated by the order of the Supreme Court. They have taken a very technical ground. The application for execution is one for execution of a judgment and decree of the Supreme Court. The original decree had to be transmitted by the Supreme Court to this court under order XIII rules 5 and 6 of the Supreme Court Rules, 1966, before an execution application could be filed. Since, the original decree has not been so transmitted by the Supreme Court, this execution application was incompetent.