PAMWI TISSUE LIMITED Vs. RAJ LAXMI CHEMICAL INDUSTRIES

JUDGEMENT

(1.) By way of this petition, the petitioner has, inter alia, prayed for the following reliefs: -

(2.) The issue involved in this petition filed under Article 227 of the Constitution of India is in a very narrow compass. Respondent before this Court filed a suit for recovery against the petitioner, principal sum in which involved was Rs.1,15,10,012.11. The suit stood decreed by the learned Court at Pune for principal amount alongwith interest @24%. For the purpose of execution of the said decree, the Decree Holder approached the Court at Pune and as the property was situated within the territorial jurisdiction of the Court in issue at Nalagarh, execution petition was accordingly transferred under Sub-Section 3 of Section 39 of the Code of Civil Procedure to the Court of Senior Civil Judge, Nalagarh. The Court of Senior Civil Judge, Nalagarh, on 16.11.2019 passed the following order:-

(3.) Said order stands assailed by the Judgment Debtor before this Court with further prayer to quash the execution proceedings itself so entertained by the learned Court below.