Execution of decree.
shrenik kumar sancheti
(Querist) 29 July 2014
This query is : Resolved
Dear experts,
In a civil suit(late 1980) we(from Jodhpur) have been granted decree order against a company situated at jaipur. For the execution of decree jaipur court ordered for police protection(year 2014) . But after filing RTI I came to know that the maximum portion of the land of that manufacturing company was being sold into various industrial plots. Note- still transfer of name of some of the industries are pending. At that time we wrote a letter to RIICO, jaipur (a govt.dept for development of industries, from which all industries and companies bought land)to stop transfer of that land to third party, as we have the right to get money from that. Resultantly, RIICO also issued notice to that company to clear the situation on our application. At present , RIICO official records showing 3 plots of land still in the name of that company. But , practically at factory site it is difficult to identify the 3 remaining plots. What procedure we should adopt to get realise our decreed amount from that company? Either we should go for execution of decree with police protection or we should first opt for civil jail imprisonment of the accused or any other means? What should we do either through RIICO or through court or any other govt. depts. or any other means to get realised our decreed amount.? Is it better to decree the bank account . How to know the bank details of the company? And how much amount be decreed of the bank account if it doesn't carries any significant amount in that. Kindly guide me on this matter.Thanks.
shrenik kumar sancheti.
R.K Nanda
(Expert) 29 July 2014
consult local lawyer.
shrenik kumar sancheti
(Querist) 29 July 2014
We already have a local lawyer. But still I am looking for some better advice.
ajay sethi
(Expert) 29 July 2014
you should apply for execution of decree by attachment of its moveable and immovable property .
for bank details of company contact a detective agency . find out details of bank accounts of company . then you can in execution seek to attach its bank accounts provided sufficient balance is there in bank accounts .
if amount in bank account does not have sufficient balance seek attachment of its immovable property namely 3 plots of the said company .
Devajyoti Barman
(Expert) 29 July 2014
Execute the decree nevertheless. Get what ever you can lay your hands on.
shrenik kumar sancheti
(Querist) 29 July 2014
Dear experts,
Whether I should first go for civil imprisonment with expenses or should opt for attachmnent of movable/immovable property. From where Could (i.e, which departments I should contact for getting the information through RTI) I get information about movable/immovable property.(except detective agency). Thanks.
V R SHROFF
(Expert) 29 July 2014
will not like to double cross your Advocate.. Professional ethics. Take permission from your Advocate first. do not double cross advocates at their back.. TRUST YOUR ADVOCATE..
shrenik kumar sancheti
(Querist) 29 July 2014
I am looking for some better advice on legal issue, as I am the advocate. This forum is made to discuss the issues. Thanks.
V R SHROFF
(Expert) 29 July 2014
THEN, WHY DO YOU MISREPRESENT US AND FOOLING US SAYING YOU ARE A "MANAGER"
SAY YOU ARE ADVOCATE AND NEED GUIDANCE...
V R SHROFF
(Expert) 29 July 2014
tHIS eXPERT zONE FOR DESERVING pERSONS WHO CANNOT AFFORD aDVOCATES.
We render FREE SERVICE for legally harassed, having problems.
You want to .earn . commercial use ..at our cost?? You can share knowledge in FORUM SECTION OF LCI, NOT HERE..
shrenik kumar sancheti
(Querist) 29 July 2014
sir,
I am not a practicing advocate, I am a law graduate in year 2003. I am manager in my organization. This case belongs to my organization.I am looking for good advice and guidance. I think people who have good knowledge are always ready to share it. Kindly provide guidance on this matter, as you are a senior lawyer. Hope you would provide your valuable suggestion.thanks.
Devajyoti Barman
(Expert) 29 July 2014
Manager and advocate, both are different.
How could you describe yourself as an advocate?
Rajendra K Goyal
(Expert) 30 July 2014
While agree with expert VR SHROFF and Expert Barman ji, consult a local lawyer and show him full case file.
