Execution of decree

Querist : Anonymous (Querist) 18 November 2011 This query is : Resolved
Sir,

My co. have filed a civil suit for recovery of deposit amount from one Company. the Defendant co. after service of summons, failed and neglected to present before the Hon'ble court to defend themselves. the matter therefore proceeded Ex-parte. we have got the certified copy of ex-parte order and decree.

kindly tell me what is the next steps to execute the decree. My company is situated at Mumbai and the defendant Co. having their regd. office at Punjab and we do not have any information about movable and immovable property of the defendant co.

Pl. do the needful.

Thanks in advance.

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Nadeem Qureshi (Expert) 18 November 2011
Dear Author
get the Transfer certificate from the court and file execution petition in Punjab before the hon'ble court as per the jurisdiction. if you wanna know about the property then you can hire any Advocate here and investigate/enquiry about the property of the Company through SRO, Authorities.

Sankaranarayanan (Expert) 18 November 2011
yes better to approach a local lawyer and do it

ajay sethi (Expert) 18 November 2011
before taking further steps find whether defendant company is solvent . if company has any assets then only proceed for eexecution .
find out whether compnay has moveable and immoveable properties .

you have to make an application for execution in mumbai . decree will be tarnsferred to punjab for attachment of the defendant property

prabhakar singh (Expert) 18 November 2011
Did not you engaged a lawyer to conduct your case?

Is he now denying to render you his services??

If do not know your Judgement Debtor's properties then how you expect experts at LCI
would be able to tell you about them???

The execration proceed where JD'S properties lie,for that Decree Holder applies before court who passed the decree to transfer the decree for execution in jurisdiction properties of JD lies.

Devajyoti Barman (Expert) 18 November 2011
Where the decree is passed?

If you wish to attach the property in execution of decree which is situated beyond its jurisdiction then you have to get the decree transferred.

But if you wish to proceed for civil imprisonment of the judgement holder then you can file the execution where the decree is granted.

Rajeev Kumar (Expert) 18 November 2011
I do agree with experts

Querist : Anonymous (Querist) 18 November 2011
Dear Experts,

decree is passed in mumbai. and i want to know that what procedure we should follow for transfer and execution of decree? and in which court?

pl. do the needful.

ajay sethi (Expert) 18 November 2011
make application for execution in mumbai . since property located outside jurisdction of bombay High court decree will be trnasferred to court where property is istauted

Devajyoti Barman (Expert) 22 November 2011
Yes it needs to be transferred.

prabhakar singh (Expert) 22 November 2011
Without transfer practically decree shall remain dissatisfied.

Sailesh Kumar Shah (Expert) 22 November 2011
Need to adhere as advised subsequently by Mr. Sethi.

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