civil arrest

Querist : Anonymous (Querist) 25 April 2010 This query is : Resolved
I AM THE PLAINTIFF,I HAVE FILED AN E.P.ON CIVIL MONEY SUTE AGAINST J.D. I HAVE PUT A PRAY TO ISSUE ARREST WARRENT ,AS THE J.D. WAS NOT AT ALL PAYING ANY MONEY. AFTER GETTING ARREST WARRENT, WE HAVE ARRESTED THE J.D. AND HE WAS PRODUCED BEFORE THE JUDGE.THEN,HIS ADVOCATE HAS SUBMITTED A MEMO, SAYING THAT HE WOULD PAY RS5000/= AND THAT WARRENT TO BE RAISED.MY SIDE COUNSEL HAS STRONGLY OPPOSED TO RECEIVE THE AMOUNT RS5000.WE WERE READY TO PAY BATHTHA FOR J.D.'S CIVIL IMPRISON MENT. BUT COURT HAS ORDERED HIM TO PAY THE AMOUNT RS5000 THROUGH CHALLAN AND TO FILL MUTHALIKA FORM AND TO APPEAR ON 30TH APRIL. SO WHAT WILL HAPPEN ON 30TH APRIL,IF I REFUSE TO ACCEPT THE AMOUNT THAT J.D IS GOING TO REPAY.

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Raj Kumar Makkad (Expert) 25 April 2010
Court tries to obtain the maximum amount through volunteer offer and initiates subsequent action of recovery so if JD has offered Rs. 5,000/- even then your are not loser. The deposited amount belongs to you but keep on pressurizing the court to implement arrest warrants.

bhagwat patil (Expert) 26 April 2010
civil arrest is is last remedy for recovery of amount. Once jd is put in civil jail he has to be released after certain period. one cant keep him behind the bar for life.pl. follow RKM and recover the amount.

Gagan Gupta (Expert) 26 April 2010
Civil arrest has lot of difference from criminal arrest/procedure. Even India is signatory to Internatinal Convention which says no person should be arrested on the ground that he is unable to pay his debt. so in a way any law is un constitutional which allow such arrest.
It is different situaltion if he is hiding his assets from court or make wrong statement.

Gulshan Tanwar (Expert) 26 April 2010
what u will be doing after 60 days.....? it is better to accept Rs. 5000 at this time and also when the JD gives undertaking (insist on this) and then on the next date file a contempt case if he doesnt fulfills it and also every time he slips, u ought to take steps!!!!

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