JusticeSeeker 26 May 2016

Attachment of bank a/c & fixed deposits

Hello Legal Experts,

Can you throw some light as to whether Bank Account of a Judgement-Debtor can be attached while executing Money-Decree ?
Decree was passed in a Suit filed under Order XXXVII of C.P.C. and remains partly unsatisfied, hence the Decree-Holder wants to execute the Decree by attaching money/cash & fixed-deposits of Judgement Debtor.

1. Can Decree-Holder attach the Cash lying in Bank-Account of Judgement-Debtor ? If Yes, what kind of application needs to be submitted in the Court in order to pursue the attachment ?

2. Can Decree-Holder request the Court to attach Fixed-Deposits (FD) in the Name of Judgement- Debtor ? Which Section or Order of C.P.C. deals with attachment of Fixed-Deposits of Debtors ?

3. Is appointment of Receiver necessary in order to pursue attachment of cash at Bank-Account or Fixed-Deposits of Judgement-Debtors ?

4. Once the attachment of bank-account/fixed-deposits of Judgement-Debtor has taken place, what steps needs to be taken by Decree-Holder to realize that Amount in order to satisfy his Decree ?

Awaiting your advice.

Regards,
Justice Seeker.
Raigad,MH.

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5 Replies

Kumar Doab (FIN) 26 May 2016

You are on which side?

How are you related with the matter?

You have posted that; "Decree was passed ................and remains partly unsatisfied,".

Post all facts.

Env Coord (.) 26 May 2016

@ Kumar Doab : I am on the side of Decree Holder. Plaintiff-in-question is my friend.

Q. Can J.D. avoid or escape attachment by withdrawing all cash from Bank Account and breaking F.D.s prematuely ?

Even after Court Decree&Judgement J.D. asking Decree-Holder to waive interest but D.Holder refused and now wants to execute decree by attachment of Bank A/Cs & F.D.s.

Kumar Doab (FIN) 26 May 2016

The decree holder and JD both are to remain within what is provided for in the decree.

If JD does to withdraw/premature withdrawal then decree holder can approach court.

Env Coord (.) 27 May 2016

@Kumar Doab : Decree-Holder plans to file fresh execution petition, as the decree is likely to be transfered to Another District in different state.
Once the Decree has been transferred to the jurisidiction where Judgement-Debtor resides & does business. The Decree-Holder will file fresh execution petition in the Transferee Court.

The Decree has been passed but no mention as to mode of attachment.
Hence, the question.