IN THE HONBLE 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
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. : 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.

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. 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
Honble MACT was Rs. 8, 55,150/-.

9. That on 13.2.2012, the Honble 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 Honble District Judge, Bellary, seeking transfer of
decree dated 13.2.2012 passed by the Honble MACT-II, Bellary,
to the Honble District Judge, Faridabad, Haryana.

11. That on 6.02.2014, the Honble 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 Honble Court may kindly be pleased to:
a) (To be filled)

b) pass such other and/or further order as this Honble 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 HONBLE 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