Suit
n.k.sarin
(Expert) 03 May 2010
your query is not clear.what is the ground of order for arresting and under what provision.It is the bank who is liable to tell the court,how the money can be recovered.and where the property of judgment debtor is situated.
Guest
(Expert) 03 May 2010
Generally, the order for arrest is sought when the J.D. has got movables and they are not easily accessible by the D.H. due to force used by the J.D. But here you say the J.D. does not own any movables. Nevertheless this will not absolve the liability of the J.D. since already the decree is passed in favour of the Bank and it is before the executing court. In fact, you have a weak case even in Revision, since admission of your Revision itself will be mostly conditional of some payment. Or else, the J.D. may file Insolvency petition and get stay of the Decree, if the Decree cannot be challenged either technically or otherwise in appellate court.
