KOTAK MAHINDRA BANK LTD Vs. RAM SHARAN GURJAR

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 29 th August, 2011, whereby the learned District Judge, Jaipur, District Jaipur, returned the Execution Application to the petitioner-decree holder directing him to file the same before the court, which passed the decree.

(2.) Heard the learned counsel for the petitioner and carefully perused the relevant material on record.

(3.) Learned counsel for the petitioner canvassed that the property of the judgmentdebtor was situated within the jurisdiction of District Judge, Jaipur District and the award in the instant case was passed by the Sole Arbitrator, Chennai (Tamil Nadu) on 3 rd November, 2010. Learned counsel contended that it was not essential to obtain the transfer certificate from that executing court, which passed the decree in a particular suit. The Execution Application can be filed straight way in that court also, in whose jurisdiction, the property of the judgment-debtor is situated. He has placed reliance on the judgment rendered by Delhi High Court in the case of Daelim Industrial Co. Ltd. versus Numaligarh Refinery Ltd. (E.A. No. 105/2009 in Ex.No. 242/2008). Thus, the impugned order passed by the learned District Judge is perverse and contrary to the provisions of law, which deserves to be set aside.