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Mohammed Faiz (Partner)     19 August 2015

Cheque petition

Hi Experts,

Please give me remedy to the following situation.

In execution petition of the money decree, the J-Dr deposited the entire decretal amount as security to stay the sale proceedings of his immovable property until the appeal which was preferred by J-Dr against the decree & judgment in the High Court is disposed of.  The Execution Court considered the petition under sec. 151 and closed the EP.

Now, the D-Hr counsel filed a cheque petition for the EP amount.

My questions is whether the cheque petition is maintainable in the eys of law ?

Please advise.



Learning

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