C.R. No.7577 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** C.R. No.7577 of 2009 Date of Decision:09.08.2010 M/s Raghbar Dass Rattan Lal .....Petitioner Vs. Punjab National Bank and others .....Respondents CORAM:- HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. Anil Kshetarpal, Advocate for the petitioner. Mr. Harsh Aggarwal, Advocate for the respondents. **** ALOK SINGH, J. Learned counsel for the petitioner has challenged order dated 5.11.2009 passed by Executing Court, A.C.J.M., Jagadhri whereby the learned Executing Court has directed to transfer the execution to the Court of Civil Judge (Senior Division), Khera Bhudar (Bihar). Both learned counsel appearing before me have fairly stated that Punjab National Bank, Head Office, Delhi was one of the defendant, being defendant No.6 and decree was passed against the Head Office, defendant No.6 as well as defendant No.7 – the Bihar Branch. Both the counsel have fairly stated that execution is sought against the Punjab National Bank, Head Office at Delhi only and execution is not sought against the Bihar Branch. Both the counsel have submitted that in view of C.R. No.7577 of 2009 -2- this, execution should have been transferred to Delhi instead of transferring to Bihar. Both the Counsel further states that in view of 2002 amendment in Section 39 CPC, execution should have been transferred to the Court where one of the JD against whom execution is being sought resides or have office or business. With the consent of learned counsel for the parties, following order is being passed:- 1. Learned Executing Court shall issue transfer certificate to the Delhi Court to execute decree against defendant No.6, JD shown in Column No.9 of the execution application; 2. Certificate issued to the Bihar Court shall be recalled by the learned trial Court; and 3. Present petition stands disposed of with the consent of learned counsel for the parties in the above terms. August 09, 2010 ( ALOK SINGH ) renu JUDGE