Execution Petition
Execution Petition
Execution Petition
EXECUTION No…./2014
TL & SS DIVISION,
KPTCL, MUNIRABAD
VERSUS
MR. HAMIDULLA
KUMREHERA VILLAGE,
HATIN TALUK,
Dated:
The Decree Holder prays for the Execution of the Decree/order for the particulars
whereof are stated in the column hereunder:-
Munirabad, Bellary
….D.H.
Versus
Mr. Hamidulla,
2. That this accident damaged the adjacent towers at Line No. 120and 122 as well,
interrupting the power supply for 15 days.
3. That as per the finding of the MACT-II, Bellary, the accident was proved to have
been caused due to rash and negligent driving of the said driver.
4. That after the said accident, the collapsed tower was separated from the said
vehicle by a crane at the cost of Rs. 40,000/-, paid by the decree holder.
5. That subsequently, tenders were called by the decree holder for construction
of a new tower replacing the collapsed tower.
7.That the total expenditure incurred by the decree holder was calculated at Rs. 8,
71,150/- (Rs. 8,31,150 + Rs. 40,000/-).
8. That the scrap value of the collapsed tower, which was sold in a public auction,
being Rs. 16,000/- was deducted from the expenditure calculated and the final
amount reached by the Hon’ble MACT was Rs. 8, 55,150/-.
9. That on 13.2.2012, the Hon’ble MACT -II, Bellary awarded compensation of Rs.
8, 55,150/- with costs and interest at 6%p.a. from the date of petition to the date
of deposit in the Court against the judgment debtor.
10. That Execution Petition No. 140/2014 was subsequently filed before the
Hon’ble District Judge, Bellary, seeking transfer of decree dated 13.2.2012 passed
by the Hon’ble MACT -II, Bellary, to the Hon’ble District Judge, Faridabad,
Haryana.
11.That on 6.02.2014, the Hon’ble MACT-II and District Judge, Bellary issued a
certificate of execution of decree and certificate of non-satisfaction of decree in
favour of decree holder in the Execution No. 140/2014 and ordered transfer of
decree for execution to Distt. Judge, Faridabad.
In view of the above said facts and circumstances it is, therefore, most
respectfully prayed that this Hon’ble Court may kindly be pleased to:
a) (To be filled)
b) pass such other and/or further order as this Hon’ble Court may deem fit and
proper in the facts and circumstances of the case.
Prayed Accordingly.
FARIDABAD:
THROUGH
DATED: COUNSEL
VERIFICATION :-
I, the above named Decree Holder, do hereby verify that the contents of this
application are true to my knowledge and belief. Verified at Ghaziabad on this
November, 2008.
EXECUTION No.
TL & SS DIVISION,
KPTCL, MUNIRABAD
VERSUS
MR. HAMIDULLA
KUMREHERA VILLAGE,
HATIN TALUK,
AFFIDAVIT
3. That there is no stay against the said order and decree from any court of law.
DEPONENT
VERIFICATION:-
Verified at Delhi on this day of………., 2014, that the contents of above affidavit
are true and correct to my knowledge and nothing material has been concealed
there from.
DEPONENT