THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.998 of 2011 27th August, 2011 Between :- M/s.Monarch Finlease Limited (in Liqn) Rep.by the Official Liquidator, High Court of Andhra Pradesh, Hyderabad .. Applicant THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.998 of 2011 ORDER:- This application has been filed by the Official Liquidator representing M/s.Monarch Finlease Limited (in Liqn) under Sections 38 to 40 of CPC read with Order XXI Rules 5 and 6 of CPC and under Rule 9 of the Companies (Court) Rules, 1959 seeking transfer of the Decree dated 20-4-2006 made in C.A.No.1395 of 2005 in C.P.No.173 of 2001 to the file of the District Court at Dharwad, Karnataka State, for execution. This Court by an order dated 12-2-2002 made in C.P.No.173 of 2001 appointed the Official Liquidator attached to this Court as Provisional Liquidator of M/s.Monarch Finlease Limited. Subsequently, by an order dated 1-11-2006 made in C.P.No.173 of 2001 directed for winding up of M/s.Monarch Finlease Limited (in Liqn) and appointed the Official Liquidator attached to this Court as its Liquidator. The Official Liquidator moved Company Application No.1395 of 2005 under Section 446 (2) (b) of the Companies Act, 1956, against Maruti Ningappa Chavan and two others for recovery of an amount of Rs.38,590/- along with interest at 18% per annum w.e.f., 14-8-2001 till the date of realization. The said application came to be allowed on 20-4-2006 granting a Decree for Rs.38,590/- with interest at 18% per annum from 14-8-2001 till the date of realization. It is stated that the Judgment Debtors come within the jurisdiction of the District Court at Dharwad, Karnataka State, and therefore it necessitated the applicant to move the instant application seeking transfer of the Decree in C.A.No.1395 of 2005 to the file of the District Court at Dharwad, Karnataka State, for execution. Heard learned Counsel appearing for the application and perused the material brought on record. Since the Judgment Debtors in C.A.No.1395 of 2005 are stated to be residing within the jurisdiction of the District Court at Dharwad, Karnataka State, this application is allowed transferring the Decree in C.A.No.1395 of 2005 to the District Court at Dharwad, Karnataka State for execution. Accordingly, this Company Application is allowed. _________________________ B.Seshasayana Reddy, J 27th August,2011 smr