RENUKA BATRA Vs. GRINDLAYS BANK LTD

JUDGEMENT

(1.) This is a petition filed on behalf of the objector (third party) against the order of the executing Court dated 5th May, 1979, whereby her preliminary objection has been decided against her.

(2.) Grindleys Bank Limited obtained a decree for Rs. 99,904.82 ex parte on 5th April, 1978, and lodged execution in which warrant of attachment was issued to the Executive Engineer All India Institute of Medical Sciences, New Delhi, prohibiting the payment to the judgment debtor firm. Smt Renuka Batra, a sole proprietor of Batra Associates, filed an objection petition under Order 21 Rule 58 of the Code of Civil Procedure in which a preliminary objection was taken that the Court at Amritsar had no jurisdiction to issue the warrant of attachment prohibiting the payments outside its jurisdiction at Delhi. On the pleadings of the parties, the following preliminary issue was framed on 3lst March, 1979, and the parties did not produce any evidence o this issue, though full opportunity was given:- "Whether this Court has jurisdiction to pass the impugned order of injunction? OPDH"

(3.) The executing Court came to the conclusion that the warrant of attachment has been properly issued by the executing Court at Amritsar as it had the jurisdiction and there is no illegality about it Reliance has been Placed or. British Transport Co. Ltd. v. Suraj Bhan, AIR 1963 All 313 and Gayoor Ahmad Khan v. Hazarimal, AIR 1965 Raj 41. Feeling aggrieved by this order, the Objector has come up in revision to this Court.