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Execution of decree: CJM Jammu seeks personal appearance of AEE JPDCL
3/7/2020 12:22:58 AM
ASIF IQBAL NAIK

EARLY TIMES REPORT

JAMMU, Mar 6: Taking serious note of the non-compliance of the court order dated February 6, 2020 whereby Court sought the compliance report from the Assistant Executive Engineer (AEE) Sub Division II, JPDCL Gangyal/Shastri Nagar, the court of Chief Judicial Magistrate Jammu today seek personal appearance of the AEE on next date of hearing on March 24, 2020.
As per the details available with Early Times, when the matter came up for hearing, counsels for decree holder B S Soodan and Mohammad Irfan drew the attention of the court that this execution of decree petition has been filed in the year 2018 and till date the judgement debtor Chief Engineer has not implementing the court order dated 29.11.2008 on one pretext or the other and the counsels for decree holder Kulwant Singh submitted that PDD department has installed transformer and electric poles in his residential plot and there is every apprehension of any untoward incident.
Counsel for the Judgment debtor i.e Chief Engineer Electric Maintenance JPDCL Jammu submitted that the decree passed way back in the year 2008 and at that time we are ready to shift the transformer and electric poles but now they are not getting the vacant space to shift the transformer adding, if the decree holder tell us the vacant space we would definitely shift the same. On the other hand, counsels for decree holder rebutted that very strange arguments of providing space were made by the Chief Engineer’s counsel rather it’s their own moral duty and obligation to search for the vacant space for getting the transformer shifted as the department is themselves earning revenue and supplying the electricity adding even there is no bar in filing the present execution of decree petition as it is settled law on that and the counsels for decree holder vociferously argued that counsel for judgment debtor Chief Engineer electric maintenance JPDCL Jammu is ignorant of the law in filing the execution of decree petition. Counsels Soodan and Mohammad Irfan also drew the attention of the court towards the previous court order dated February 6, 2020 whereby court seek personal appearance of the AEE Electric Maintenance Sub-Division II, JPDCL Gangyal, Shastri Nagar to file compliance report.
After considering the rival submissions of both the counsels, CJM directed that in view of the previous court order, AEE Electric Maintenance Sub Division II, Gangyal Shastri Nagar shall remain personally present on next date of hearing on March 24, 2020.
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