M/S ESTEEM INDUSTRIES v. CHATTISGARH MEDICAL SERVICES CORP. LTD AND ANR
RP/111/2025 · 2025-12-09
Ajay Mohan Goel
Review Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 32776 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32776 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:HHC:42665 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Review Petition No.111 of 2025 in Execution Petition No.28 of 2023 Decided on: 09.12.2025 M/s Esteem Industries
… Petitioner Versus Chattisgarh Medical Services Corp. Ltd. & another … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________
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For the petitioner : Mr. Ankush Dass Sood, Senior Advocate, with Mr. Ankit Dhiman, Advocate. For the respondents : No notice issued.
Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner seeks review of Order dated 31.10.2025, passed by this Court in Execution Petition No.28 of 2023, in terms whereof, the execution petition has been dismissed for want of territorial jurisdiction.
2. Learned Senior Counsel for the petitioner submits that though, there is no error apparent on the face of record, but in the interest of justice these proceedings be transferred to the appropriate Court at Chattisgarh.
3. Prayer rejected, as in this review petition, in light of the fact that no error apparent on the face of record could be pointed out 1 Whether reporters of the local papers may be allowed to see the judgment?
2 2025:HHC:42665 by the petitioner, the same obviously is liable to be dismissed.
4. As far as the prayer of the learned Senior Counsel for the petitioner that the case be ordered to be transferred to the appropriate Court at Chhatisgarh is concerned, this Court is of the considered view that in light of the judgment of the Hon’ble Supreme Court of India, passed in Sundaram Finance Limited Versus Abdul Samad and another, AIR 2018 Supreme Court 965, in terms whereof, an execution can be filed anywhere where the decree can be executed, there is no occasion for this Court to transfer the already dismissed execution petition, because the petitioner has a right to file fresh execution petition before the appropriate Court within the jurisdiction whereof the movable and immovable assets of the Award Debtor are situated.
5. As there is no error apparent on the face of the record, therefore, the petition is dismissed, so also the pending miscellaneous applications, if any.
(Ajay Mohan Goel)
Judge December 09, 2025 (Rishi)