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Execution Petition - DPC format
Property Law (National Law University, Delhi)
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IN THE COURT OF THE CITY CIVIL JUDGE AT BANGALORE
Ex. Case No._________ /2012
Between:-
M/s.Faxtel System (India) Pvt. Ltd., … Decree Holder
And:-
M/s Subiksha Trading Service Ltd., and others … Judgment debtor
INDEX
Sl. No. Particulars Page No. C.F.
01. Memorandum of Execution Petition
02. Affidavit
03. Certified Copy of Judgement & Decree in
O.S. No.25900/2009, dated 17.06.2010
04. Vakalath
05. Process Memo
Bangalore,
Date: 25.08.2012. Advocate for Decree
Holder
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IN THE COURT OF THE CITY CIVIL JUDGE, AT BANGALORE
Ex. Case No._________ /2012
In
O.S. No.25900/2009
Under Order 21 Rule 11 of the Code of Civil Procedure
Decree-Holder’s Name : M/s.Faxtel System (India) Pvt. Ltd.
Number of Suit : O.S. No. 25900/2009
Decree-Holder : M/s.Faxtel System (India) Pvt. Ltd.
Address No.2/4A, Kensington Road,
Bangalore-560042.
Represented by its Manager-Finance,
Mr.E.Gururajan.
Judgement-Debtor :1. M/s. Subiksha Trading Services Ltd,
Having its Registered Office at
No75 C, 2nd Main Road,
Gandhi Nagar, Adayar,
Chennai-600 020
Represented by its Managing Director.
2. Mr.R.Subramaniyan,
Managing Director,
Subiksha Trading Services Ltd,
No75 C, 2nd Main Road,
Gandhi Nagar, Adayar,
Chennai-600 020.
3. Mr.A.S.Suresh,
Vice-President Commercial,
Subiksha Trading Services Ltd,
Laxmi Narayan Co-Operative
Housing Society,
Near Band Garden Bridge,
Behind Maharaja Furniture,
Yerawada, Pune-411011.
4. The Branch Head,
Subiksha Trading Services Ltd.,
42/1327(1), Power House Road,
Ernakulam, Kochi-682 018.
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______________________________________________________________________ _
No. and Trial Court I Appellate Court High Court
Date of Decree O.S. No.25900/09 R.A --- R.S.A. No. -
D/D. 17.06.2010 D/D --- D/D ---
_________________________________________________________________________
Whether any appeal has
Been preferred from the --- No ---
Decree
Payment or adjustment
Made, if any --- No ---
Previous application if any,
With date & result --- No ---
_________________________________________________________________________
Rs. Ps.
1. Decreetal Amount … 3,72,361=00
2. Interest on Rs.3,46,046/-@ 12% p.a … 89,972=00
3. Cost awarded in the Suit … 27,509=00
4. Costs of the Appellate Court …
5. High Court Costs … Nil
6. Costs of Copies … 15=00
7. Previous Execution Costs …
8. Present Execution Costs … 30=00
9. Advocate’s Fee @ 5% on Rs. … 5000=00
______________
Total 4,94,887=00
Less amount received NIL
Against whom
to be executed The Judgment Debtors
Mode in which the 1) Transfer of the Petition to the
Arrest of Judgment Debtor and Prl.City Civil Judge, Chennai.
Assistance of the 2) Attachment and sale of movables
Court is sought of JDR shown by the DHR,
3) Arrest and Detention of JDRs in
Civil Prison.
Advocate for the Decree Holder DECREE HOLDER
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I the Decree Holder above named do hereby declare that
what is stated above is true to the best of my knowledge, information
and belief.
SCHEDULE PROPERTY FOR ATTACHMENT OF MOVEABLES
All that movables like furniture, fixtures, electronic gadgets,
electrical goods, gold ornaments, any other valuables found at No75C,
2nd Main Road, GandhiNagar, Adayar, Chennai-600 020, as shown by the
Decree Holder to the extent of Rs.4,94,887=00.
Bangalore,
Date: 25.08.2012 DECREE HOLDER
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lOMoARcPSD|12045573
IN THE COURT OF THE CITY CIVIL JUDGE AT BANGALORE
Ex. Case No._________ /2012
Between:-
M/s.Faxtel System (India) Pvt. Ltd., … Decree Holder
And:-
M/s Subiksha Trading Service Ltd., and others … Judgment debtor
AFFIDAVIT
I, E.Gururajan, aged 52 years, S/o. Govindarajan, No.2/4A,
Kensington Road, Bangalore, do hereby solemnly affirm and state on
oath as follows:-
1. I am the Manager-Finance of the Decree Holder Company, and I
am aware of the facts of the case. I am the authorized signatory of the
decree holder.
2. I state that this Hon'ble Court was pleased to pass a Judgment and
Decree in O.S.25900/2009 against the Judgment Debtors, dated
17.08.2012s, wherein the JDR were directed to pay the decreetal
amount of Rs.3,72,361=00 along with interest at 12% p.a. on
Rs.3,46.046=00 from the date of suit till the date of actual payment. I
state that the JDR have not paid any amount in pursuance to the
Judgment and Decree.
3. I state that the JDR have not questioned the said Judgment and
Decree in appeal and as on date the DHR has not received any notice or
summons in respect of an Appeal filed by the JDR from the appellate
court.
4. I state that the JDR has willfully failed and neglected to pay the
amount in pursuance to the decree. I state that First and Second JDR are
residing in Chennai and as such the Decree be transferred to the Court
of Principal City Civil Judge, Chennai in the interest of justice and equity.
VERIFICATION
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I, E.Gururajan, the deponent, do hereby solemnly affirm and
state that what is stated above is true and correct to the best of my
knowledge, information and belief and this is my name and signature.
Identified by Me,
DEPONENT
Advocate. Sworn to Before Me
Bangalore,
Date: 25-08-2012.
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