Execution Petition

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

:

2. Name of Parties :

MVC No. 381 of 2011 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 execution is sought

:

13.02.2012

4. Whether an appeal was filed against the decree/order under execution

:

Not known

5. Whether any payment has been received towards satisfaction of decree/order

:

No

6. Whether any application was made previous to his and if so their dated and results

:

No

7. Whether any amount of suit alongwith interest as per decree or any order relief granted by the degree.

:

8. Amount of costs if allowed by court

Decree of Rs.8,55,150/with cost and interest @ 6% p.a. from the date of complaint i.e. 31.03.2011 till the date of filing of this petition.

:

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. 120 and 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