Execution of Degree
mayank jain
(Querist) 28 November 2009
This query is : Resolved
We supplied material to a Govt Corporation. The corporation had not cleared our account. We filed Suit and got decree against the Corporation.
During execution of degree , orders were issued to attach Cash/Credit bank account of Corporation which has a LIMIT of 3.0 Crores. The bank did not honour the degree as the corporation has already overdrawn Rs. 17 Lacs from account. Corporation is still doing transaction in the account.
Please let us know if Bank can be forced to pay us our amount or bank can be asked to stop clearing the corporations outward cheques and as soon as the Overdraft is cleared they should make our payments. If so please quote some authority.
Thanking You
Murtaza Chherawala
(Expert) 28 November 2009
Instead of attaching the Bank account, it would be better to attach the immovable property of the Corporation.
If the property is taken on lease, you should attach all the furniture of the Corporation's main office, including the chair of the top Govt. official there.
In one case, we had got the chair of the top man attached for a paltry sum and the dues were paid on the spot.
You can also attach the Debtors of the Corporation, which means that the Debtors would not pay the Corporation directly, but deposit the amounts in Court.
Raj Kumar Makkad
(Expert) 28 November 2009
You bring all the facts before the executing court and the names and designtations of the bank officials who are wilfully disobeying the direction of court. all such officials shall come within the contempt of court and shall have to face the wrath of the court under various relevant sections of cpc.
