Appeal against defreezing of account
sudhir
(Querist) 06 January 2014
This query is : Resolved
My partner and I had a joint account which was freezed after a dispute. The matter is in court and the hearings are complete. I fear that the court may rule in my partner's favor and will like to appeal in higher court. But filing of appeal is likely to take few days and it is likely that my partner will withdraw the whole amount in the meantime. How should I prevent this?
Advocate Bhartesh goyal
(Expert) 07 January 2014
If the judgment goes against you,you can move application u/order 41 rule 5{2} of cpc .court has power to stay its order/judgment under the said provision so don't worry.see the order 41 rule 5[2] of cpc
(2) Stay by court which passed the decree :—Where an application is made for stay of execution of an appealable decree before the expiration of the time allowed for appealing there from, the court which passed the decree may on sufficient cause being shown order the execution to be stayed.
(3) No order for stay of execution shall be made under sub-rule (1) or sub-rule (2) unless the court making it is satisfied—
(a) that substantial loss may result to the party applying for stay of execution unless the order is made;
(b) that the application has been made without unreasonable delay; and
(C) that security has been given by the applicant for the due performance of such decree of or as may ultimately be binding upon him.
(4) Subject to the provisions of sub-rule (3), the court may make an ex parte order for stay of execution pending the hearing of the application.
(5) Notwithstanding anything contained in the foregoing sub-rules, where the appellant fails to make the deposit or furnish the security specified in sub-rule (3) of rule 1, the court shall not make an order staying the execution of the decree.
Adv.Aiyer VLV
(Expert) 07 January 2014
Nothing to worry. Bank rules are once a partner who had not even issued cheque, objects and issues stop payment, account operation is suspended.
Further, Verdict pronouncement to judgement time we'll be there. During verdict seek freeze to continue til time appeal lapses,. You can file IA fire the same.
Your partner will need certified copy of judgement. It takes time. Appeal can be made with verdict copy with disoensation application. Ask your lawyer
Give notice to bank that IA to keep account frozen is pending disposal before Court and they are to await orders, any premature operation of account will make them liable
malipeddi jaggarao
(Expert) 07 January 2014
You can give a notice to the Bank not to defreeze the account as you are going for appeal and taking steps for getting a stay order.
Rajendra K Goyal
(Expert) 07 January 2014
Well advised by the experts, may send letter to Bank not to refreeze the account as you are going to appeal.
R.K Nanda
(Expert) 07 January 2014
AGREE WITH EXPERTS.
ajay sethi
(Expert) 07 January 2014
when court pronounce judgement ask for stay of order for 4 weeks to enable you to file an appeal
T. Kalaiselvan, Advocate
(Expert) 09 January 2014
properly advised by all experts, I endorse the view asking to send a notice to Bankers to stop payment in the decree holder is approaching within the appeal able period.
