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2026 DAILYLAW 20103 (DEL)

DR VIJAY BADHWAR v. M S GRL TYERS PVT LTD & ANR.

EX.P./2/2022 · 2026-09-24

Vinod Kumar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010025652022 + EX.P. 2/2022, & EX.APPL.(OS) 1690/2025 DR VIJAY BADHWAR .....Decree Holder Through: Mr. T.K.Tiwari, Adv. versus M S GRL TYERS PVT LTD & ANR ......Judgement Debtors Through: Mr. Sanjeev Bindal, Adv. for JD-2 CORAM: HON'BLE MR. JUSTICE VINOD KUMAR O R D E R % 24.09.2026 EX.APPL.(OS) 35/2022 1. This is an application filed on behalf of the decree holder under section 39 CPC read with Section 2 of chapter XXIV Delhi High Court (Original Side) Rules, 2018 for transfer of the decree dated 01.01.2019 passed by this Court to the Hon’ble High court of Bombay at Mumbai. 2. It is submitted that the movable and immovable properties of the judgment debtors are situated in Mumbai and therefore the decree maybe transferred to the Hon’ble High Court Bombay at Mumbai for its execution . 3. Learned Senior Counsel for the judgment debtors does not dispute that movable or immovable properties sought to be attached are situated in Mumbai. However, it is submitted that the immovable property i.e Flat No. 20, Mount Unique Co-operative Housing Society Ltd., 62-A, Dr. G. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/09/2026 at 11:50:45 D.Marg, Peddar Road, Mumbai-400026 is not owned by the judgment debtors and actually it has been transferred even prior to filing of the suit in favour of Ms. Sunita Poddar, who is not even the party to the suit. 4. I am of the opinion that all these aspects can be seen by the Transferee Court. Presently I am satisfied that the decree has to be transferred. 5. Let the decree be transferred to High Court of Bombay at Mumbai in accordance with rules for execution. 6. The petition is disposed of accordingly. VINOD KUMAR, J SEPTEMBER 24, 2026/cd This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/09/2026 at 11:50:45