Execution of decree

sagar madan (Querist) 29 July 2008 This query is : Resolved
My company has obtained a execution decree from company court against 'xyz' company. My company has filed execution petition in civil court in mumbai. The 'xyz' company has filed a petition in Mumbai High Court contending that the civil court does not have the jurisdiction to entertain the same. Is the contention of 'xyz'company tenable.

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sagar madan (Querist) 29 July 2008
Please do provide supportive case law.

arunprakaash.m. (Expert) 29 July 2008
Civil court has every jurisdiction to function as a execution court.

sagar madan (Querist) 29 July 2008
Thanks Arun.

Srinivas.B.S.S.T (Expert) 29 July 2008
The civil court under whose jurisdiction the company upon which the decree is passed or under whose jurisdiction the assests of that company are situated has jurisdiction to entertain the EP. But to my knowledge you have to file the EP in the court which has granted the decree and transfer the same to the courts having jurisdction for exection.

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