MEHALA CARONA TEXTILES PRIVATE LIMITED Vs. RRB ENERGY PRIVATE LIMITED
LAWS(DLH)-2021-6-19
HIGH COURT OF DELHI
Decided on June 03,2021

Mehala Carona Textiles Private Limited Appellant
VERSUS
Rrb Energy Private Limited Respondents

JUDGEMENT

V. Kameswar Rao,J. - (1.) Ex. Appl. (OS) 211/2021 This is an application filed under Section 151 of the Code of Civil Procedure, 1908 ('CPC', for short) for condonation of 29 days delay in re-filing Ex. Appl. (OS) 210/2021. For the reasons stated in the application the delay of 29 days in re-filing is condoned. The application is disposed of. EX. P. 34/2019 1. The present petition has been filed under Order XXI Rule 11 of the CPC for execution of Judgment/Decree dated June 04, 2014 passed by the Court of IInd Additional District and Sessions Judge at Tirupur, Tamil Nadu in O.S. No. 131/2011. The prayers as noted from the petition are as follows: "(a) Declare the Judgment and order dt.04.06.2014 passed by the Court of IInd Additional District and Sessions Judge at Tirupur, Tamil Nadu in O.S.No.131 of 2011 as enforceable and (b) Order for enforcement/ execution of the same; (c) Direct the Respondent/ Judgment Debtor to furnish security to the extent of the decreed amount along with interest pending execution and enforcement proceedings; (d) Direct attachment and sale of assets mentioned in the Schedule of properties of the petition, issue proclamation for sale and auction the property, and the assets mentioned in the Schedule of the properties may be ordered to be attached, taken custody of and sold by auction or any other suitable mode and the notice of the said attachment may be served and affixed on the premises of the Respondent/ Judgment Debtor company; a) Award cost of these proceedings and pass such other or further order in favour of the Petitioner/ Decree Holder as may deem fit and proper in the facts of the case."
(2.) The petitioners/decree-holders herein viz., a) M/s Mehala Carona Textiles (P) Ltd, a Private Ltd Company under the Companies Act, 1956, having its registered office at 36, Harvey Road, Tirupur - 641602, Tamil Nadu; b) M/s Mehala and Company, a Sole Proprietor concern, having its registered office at 34, Harvey Road, Tirupur - 641602, Tamil Nadu; c) M/s Sunrise Knitting Mills, a Partnership firm, a Government recognized Export House, having its office at Kulivayal Thottam, Kullegoundenpudur, Andipalayam Post, Tirupur - 641687; d) M/s Dharani Wind Energy Pvt Ltd, a Private Limited Company within the meaning of the Companies Act, 1956 (since name having been changed to Dharani Textiles Private Limited, as on 02.04.2008) having its registered office at No.36, Harvey Road, Tirupur - 641602, Tamil Nadu.; are sister concerns with a common promoter who is the Director of the petitioner Nos.1 and 4, Power Agent of petitioner No.3 and Sole proprietor of petitioner No.2.
(3.) The respondent /judgment-debtor is RRB Energy - Limited, a Limited Company within the meaning of the Companies Act, 1956 having its registered office at GA-l/B-1 Extension, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi - 110044.;


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