Execution Petition

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IN THE HON’BLE COURT OF DISTRICT JUDGE, FARIDABAD

EXECUTION No…./2014

IN THE MATTER OF:


KARNATAKA POWER TRANSMISSION CORPORATION LTD.

TL & SS DIVISION,

KPTCL, MUNIRABAD

BELLARY DISTRICT …... DECREE HOLDER

VERSUS

MR. HAMIDULLA

S/O KAMAL KHAN

KUMREHERA VILLAGE,

HATIN TALUK,

FARIDABAD DISTRICT …... JUDGMENT DEBTORS

Dated:

The Decree Holder prays for the Execution of the Decree/order for the particulars
whereof are stated in the column hereunder:-

1. Suit Number : MVC No. 381 of 2011

2. Name of Parties : KPTCL TL & SS Division,

Munirabad, Bellary

….D.H.
Versus

Mr. Hamidulla,

S/o Mr. Kamal Khan,

R/o Kumrehera Village,

Faridabad District ….J.D.

3. Date of Decree/Order of which : 13.02.2012


execution is sought

4. Whether an appeal was filed against


the decree/order under execution : Not known

5. Whether any payment has been : No


received towards satisfaction of
decree/order

6. Whether any application was made : No


previous to his and if so their dated
and results

7. Whether any amount of suit : Decree of Rs. 8,55,150/- with


along with interest as per decree cost and interest @ 6%
or any order relief granted by p.a. from the date of
the degree. complaint i.e. 31.03.2011
till the date of filing of this
petition.
8. Amount of costs if allowed by court : 623/-

9. Against whom execution is sought : Against the J.D.

10. Cost of copies : 50/-

11. Present execution cost : 50/-

10. In what manner courts assistance


is sought : (To be filled up)

The Decree Holder Most Humbly Prays:

1.That on 26.11.2009 at about 2 PM, the judgment debtor, driver of vehicle


number HR-55/F-1877, driving in a rash and negligent manner while proceeding
towards Bangalore, rammed against an electric tower at Line No. 121 in high
speed, due to which the said tower collapsed and fell down on the said vehicle.

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.

6. That in furtherance of above construction/ replacement, a sum of Rs. 8,


31,150/- was paid to S & P Structural Pvt. Ltd by the decree holder.

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.

SIGNATURE OF DECREE HOLDER

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.

SIGNATURE OF DECREE HOLDER


IN THE HON’BLE COURT OF DISTRICT JUDGE,GHAZIABAD

EXECUTION No.

IN THE MATTER OF:


KARNATAKA POWER TRANSMISSION CORPORATION LTD.

TL & SS DIVISION,

KPTCL, MUNIRABAD

BELLARY DISTRICT …... DECREE HOLDER

VERSUS

MR. HAMIDULLA

S/O KAMAL KHAN

KUMREHERA VILLAGE,

HATIN TALUK,

FARIDABAD DISTRICT …... JUDGMENT DEBTORS

AFFIDAVIT

I, N.R. Nagaraj, Executive Engineer (Elect) TL & SS Division, KPTCL, Munirabad,


Bellary, do hereby solemnly affirm and declare as under:-

1. That I am the authorized representative of the Decree Holder in the


accompanying execution petition and well conversant with the facts of the case
hence competent to swear and affirm this affidavit.

2. That the accompanying execution petition has been drafted by my counsel


under my instructions and at my instance and the contents of the same are
correct and true and the same are not reproduced here for the sake of brevity
and the same may be read as part and parcel of this 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

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