Property attachment

Querist : Anonymous (Querist) 12 December 2011 This query is : Resolved
A well known person received Rs.600000.00 from and given cheque but its has been bounced and 138c cheque bounced case has been lodged and i woluld like to attach his property if so, wat can i do? pls advice me

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ajay sethi (Expert) 12 December 2011
you can attach his property by filing a civil suit . you have to make an application for attachement before judgement . please note that interim reliefs will be granted only if the court is satisfied that inorder to avoid his libaility seller is trying to disposehis property .

better file a summary suit under order XXXVii of CPC

Sailesh Kumar Shah (Expert) 12 December 2011
Rightly guided by Mr.Sethi.

Shonee Kapoor (Expert) 12 December 2011
Agreed in toto with Ld. Mr. Sethi.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 12 December 2011
Mr.Sethi has rightly guided you.

You need to file a recovery suit in which you should file an application under order 38 rule 5 in the suit to be filed under Civil Procedure Code 1908.

The application must satisfy the the Court by affidavit or otherwise that the defendant is about to dispose of his property or about to remove the property from the jurisdictional limits of the Court in order to defeat and delay the execution of any decree that may be passed against him in the suit, the Court may/shall attach the said property.

So once you intend to attach the property of the defendant by filing a petition, you should file an affidavit along with the same.

Advocate Bhartesh goyal (Expert) 13 December 2011
Agreed with experts.

Advocate. Arunagiri (Expert) 13 December 2011
Rightly advised by Mr.Sethi.

V R SHROFF (Expert) 13 December 2011
Agreed with Shri Sethi & Shri Prabhakar Singh. File Civil Suit, with Affidavit,
that the defendant is about to dispose of his property attach the said property.

Side by side you continue 138, & lodge cr complaint for 420 cheating & breach of trust 406

Adv Shroff
13-12-11

Raj Kumar Makkad (Expert) 14 December 2011
You shall have to file a civil suit for that purpose as advised in detail.

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