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Execution Suit

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17 views6 pages

Execution Suit

Uploaded by

Karthika s.d
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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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
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.
_

No. and Trial Court I Appellate Court High Court


Date of Decree O.S. No.25900/09 D/D. R.A --- R.S.A. No. -
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


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, 2 nd 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
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

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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