Ex.P No.30/2009 Page 1 of 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + Ex.P No.30/2009 % Date of Decision: 18.02.2009 CitiFinancial Consumer Finance India Ltd …. Decree Holder Through Mr.Apoorv Garg, Advocate. Versus Daulat Baburao Dhende & Anr. …. Judgment Debtors Through Nemo. CORAM: HON’BLE MR. JUSTICE ANIL KUMAR 1. Whether reporters of Local papers may be allowed to see the judgment? YES 2. To be referred to the reporter or not? NO 3. Whether the judgment should be reported in the Digest? NO ANIL KUMAR, J. * This is a petition by the decree holder seeking transfer certificate to the Court of District Judge, Pune where the property of judgment debtor is stated to be situated, for execution of the decree passed in favor of the decree holder in accordance with law. The decree holder had filed a claim for recovery against the judgment debtors in respect of which arbitration proceedings were conducted before the sole arbitrator Sh.Satish Kumar, Advocate. The learned arbitrator passed an award dated 30th September, 2008 holding that the judgment debtors are jointly and severally liable to pay a sum of Rs.20,83,782.29/- along with interest computable @ 13% per annum Ex.P No.30/2009 Page 2 of 3 with effect from 27th November, 2007 till its realization. The arbitrator had also held that if the amount awarded against the judgment debtors will not be paid, the judgment debtors would hand over vacant peaceful possession of the mortgaged property that is S No.18, Arunodaya Bungalow, Sukhsagar Nagar Part-II, Katraj, Pune-411046 to the decree holder who would be entitled to sell, transfer or alienate the said mortgaged property towards realization/satisfaction of the awarded amount along with the cost of the proceedings. The decree holder is seeking execution of the decree for sale of the property of the judgment debtors for an amount of Rs.23,94,751.12 along with future interest at 13% per annum till realization. The decree holder seeks warrant of possession and attachment and sale of the abovesaid mortgaged property. Since the property is situated within the jurisdiction of District Judge, Pune, therefore, the transfer certificate is prayed by the decree holder. There doesn’t seem to be any impediment in issuing a transfer certificate in the facts and circumstances as the property of the judgment debtors is situated within the jurisdiction of the District Judge, Pune. Ex.P No.30/2009 Page 3 of 3 Therefore, a transfer certificate for the decree dated 30th September, 2008 in arbitration Case No.CITI/HE/L-22/4 of 2008 in CitiFinancial Consumer Finance India Ltd v. Daulat Baburao Dhende & Ors is issued. The transfer certificate along with the copy of the award be forwarded to the District Judge, Pune for execution of the decree passed in favor of the decree holder. With these directions the petition is disposed of. FEBRUARY 18, 2009 ANIL KUMAR, J. “k”