ojection in exe.ptn.
ravi j shulkla
(Querist) 31 March 2010
This query is : Resolved
a decree was passed by abc court in 04 ex. ptn. file in yr 05 at xyz court notice served to dfnd. proceeding till publication of public notice for oction of property complited. after that asd bank file an objection by pleading that cash credit facility extended by bank against dfnd. property further stated that the name of co is jkl. upon enquiry it reavels that only name of co. is change in yr 05 and that to after notice of ex.pet. was served.also the documents produce by bank show that director are same and was appointed in yr 90.
my Q. is wether bank has any right to file objection before ex. court ?
wether banks objection tenable ? if ANS is NO pls tell me the relavent provision with appropriate citation (case Law)
Raj Kumar Makkad
(Expert) 01 April 2010
Bank has every right to file objections before the executing court qua nullity of decree.