JMD LTD Vs. KAMLESH KUMARI

JUDGEMENT

(1.) The present Execution Appeal has been filed against the order dated 06.09.2021 of the State Commission, Delhi, whereby in an execution application No. 38 of 2021, for executing the order dated 23.12.2020 in CC no. 268 of 2015, an order for issuance of warrant of attachment of the bank account of the appellant was made due to non compliance of the order dated 23.12.2020.

(2.) This order is impugned before us on the ground that vide this order, the State Commission had ordered the attachment of the entire money lying in the said bank account, which is causing inconvenience to the appellant since it is a salary account through which the appellant pays salary to its employees. It is also argued that Commission had no territorial jurisdiction to adjudicate the execution petition.

(3.) On behalf of the respondents, it is argued that he had filed execution for sum of Rs.43,77,914/- payable by the appellant till 01.09.2021 and this is the amount which needs to be recovered as the appellant had defaulted. It is submitted that impugned order can be modified to this effect that attachment should be issued only for this amount. It is submitted that what has been attached is a moveable property and there is no territorial restriction upon the State Commission for issuing warrant of attachment of moveable property. It is submitted that present Appeal has no merit and same be dismissed.