Namratha Advance Application

IN THE COURT OF THE CITY CIVIL JUDGE AT
BANGALORE CITY
IA No: 01/2021
M. C. No: 4051/2021
BETWEEN:
1. Mrs. Namratha. K
Aged about 28 years,
D/o K V Krishna Murthy,
R/at: No. 21/1, 3rd Cross,
Huchapa layout, S V G Nagar,
Moodalapalya, Nagarbhavi,
Bengaluru- 560 072.
2. Mr. Naveen. V
Aged about 28 years,
S/o Sri. Venkataramanna,
R/at: No. 21, 2nd Main,
Manjunatha Tent Road, Moodalapalya,
Nagarbhavi, Bengaluru- 560 072 …PETITIONERS
AND:
NIL …RESPONDENTS
APPLICATION FILED UNDERSECTION 151 OF CODE OF

CIVIL PROCEDURE
That for the reasons stated in the accompanying Affidavit,
this Hon’ble Court be pleased to advance the date of hearing of
the present petition from 18/02/202 to __/11/2021 in the
interest of Justice and Equity.
PLACE: BANGALORE RISHYAK R BANAVARA

DATE: __/11/2021 (ADVOCATE FOR THE
PETITIONERS)
IN THE COURT OF THE CITY CIVIL JUDGE AT
BANGALORE CITY
IA No: 01/2021
M. C. No: 4051/2021
BETWEEN:
1. Mrs. Namratha. K
2. Mr. Naveen. V …PETITIONERS
AND:
NIL …RESPONDENTS
AFFIDAVIT
I, Namratha. K, Aged about 28 years, D/o K V Krishna
Murthy, R/at: No. 21/1, 3rd Cross, Huchapa layout, S V G Nagar,
Moodalapalya, Nagarbhavi, Bengaluru- 560 072, do hereby
solemnly affirm and state as follows:
1. That I am the Petitioner No. 1 and authorized to swear this

Affidavit on their behalf of the Petitioner as well.
2. That I am conversant with the facts of the case and I am

competent to swear this Affidavit;
3. That the grounds urged in the divorce petition may kindly be
permitted to be read as part and parcel of this Affidavit to
avoid repetition;
4. I further state that, the Decree Holder had filed the present
Execution Petition against the Respondent Nos. 1 to 4
seeking for execution of the Foreign Awards dated 26-09-
2005 and 18-11-2005 passed by Mr. Alan Oakley in
Arbitration between the Decree Holder/ Petitioner Company
and the Judgment Debtors;
5. I state, that the Judgment Debtors are avoiding the Decree

Holder and are not making payments in compliance of the
foreign award. Hence in the interest of justice, it is
necessary to attach the shares held by them in Indian Cane
Power Ltd. registered before the Registrar of Companies,
Bangalore in favour of the Decree Holders;
6. I state that on 23-05-2012, this Court was pleased to grant

an Attachment Warrant in favour of the Decree Holder.
However, no steps were taken in furtherance of the issuance
of the Attachment Warrant and I was not informed about
the same;
7. I state that as I am not a resident of Bangalore, and neither is
the Decree Holder, we were unable to trace the status of the
Attachment Warrant;
8. I state that recently, we approached a new Advocate and
through her, we found out that the Attachment Warrant
issued on 23-05-2012 had expired, and that we had to
obtain a fresh one;
9. I state that as the Foreign Awards were passed on 26-09-
2005 and 18-11-2005 and the Execution Petition was filed in
2008, 9 years and 6 years respectively have passed but the
Decree Holder has not been able to receive the benefit of
the Foreign Award;
10. I state that, the previous date of hearing was 05-11-2014,
and the next date is 06-01-2014;
11. I state that there has been a considerable delay already,
and in order to obtain restoration/ reissue of the Attachment
Warrant, we have to hasten the procedure and view of the
same, we are filing this Application for Advancement of the
hearing date so that we may present an Application for
reissue of Attachment Warrant before this Hon’ble Court;
12. In view of the facts stated in the foregoing paragraphs, I
pray that this Hon’ble Court be pleased to advance the
hearing date from 06-01-2014 to . If this
Application is allowed, no hardship would be caused to the
Judgment Debtors, or to the Garnishees but the Decree
Holders who despite holding a favourable Foreign Award and
subsequently an Attachment Warrant, are still unable to
obtain their dues from the Judgment Holders and great
hardship would be caused to the Decree Holder if this
Application is not allowed.
WHEREFORE, I humbly pray that this Hon’ble Court be
pleased to allow the accompanying Application as prayed for, in
the interest of Justice and Equity.
I the authorized representative of the Decree Holder do hereby

declare that this is my name and signature and the contents of
the Affidavit are true and correct to the best of my knowledge,
belief and information.
PLACE: ‘DEPONENT’
DATE: -11-2014
Identified by me.
Advocate.
No. of corrections:

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IN THE COURT OF THE CITY CIVIL JUDGE AT

APPLICATION FILED UNDERSECTION 151 OF CODE OF

PLACE: BANGALORE RISHYAK R BANAVARA

2. Mr. Naveen. V …PETITIONERS

1. That I am the Petitioner No. 1 and authorized to swear this

2. That I am conversant with the facts of the case and I am

5. I state, that the Judgment Debtors are avoiding the Decree

6. I state that on 23-05-2012, this Court was pleased to grant

I the authorized representative of the Decree Holder do hereby

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