THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.985 of 2011 26th 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.985 of 2011 ORDER:- This is an application 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 granted in C.A.No.525 of 2005 in C.P.No.173 of 2001 to the file of the District Court at Shimoga, Karnataka State, for execution. Heard learned Counsel appearing for the Official Liquidator representing the applicant – Company and perused the affidavit filed in support of the application. 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 the Provisional Liquidator of M/s.Monarch Finlease Limited. Subsequently, by an order dated 1-11-2006 made in C.P.No.173 of 2001, the Company was directed to be wound up and the Official Liquidator attached to this Court was appointed as its Liquidator. The Official Liquidator filed C.A.No.525 of 2005 under Section 446 (2) of the Companies Act, 1956 against K.N.Dattatri and another for recovery of a sum of Rs.1,94,575/- along with interest at 16% per annum w.e.f., 30-8-2001 till the date of realization. The said application came to be allowed on 4-12-2008 granting a Decree while permitting the Judgment Debtors to pay the decretal amount in 4 equal monthly instalments. The Judgment Debtors failed to pay the amount. Since the Judgment Debtors are residing within the jurisdiction of the District Court at Shimoga, Karnataka State, this application has been filed seeking the relief stated supra. Heard learned Counsel appearing for the Official Liquidator and perused the affidavit filed in support of the application. Since the Judgment Debtors in C.A.No.525 of 2005 are residing within the jurisdiction of the District Court at Shimoga, Karnataka State, this application is ordered transferring the Decree to the District Court at Shimoga, Karnataka State, for execution. Accordingly, the Company application is allowed. ________________________ B.Seshasayana Reddy, J 26th August, 2011 smr