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K Krishnamurthy (Sr.executive Vice President (Retired))     17 November 2010

EP

In a loan recovery suit, the lower court has given a decree for the recovery of about Rs.four lakhs. How ever the other party has not paid the money even after about 6 months. The querry is whether we can file a petetion  (EP) for attachment of the properties of the other party as well as for his arrest  or we can only seek only one of the two releifs.

K Krishnamurthy



Learning

 7 Replies

anil kumar (service)     17 November 2010

Both the reliefs are mutually exclusive and could be sought if the conditions and circumstances stipulated by the provisions stands fulfilled in the given case to the satisfaction of the Court.

valluvaraj (M.A.B.L)     17 November 2010

Sir

Legally no bar on simultaneous both remedies. But practically court will prefer any one of those remedy. If the judgement deptor owns property worth, it is desirable for attachment and sale. Suppose theJ.D is in government service or a man affraid of civil prison, E.P for arrest is the better option.

M.Valluvaraj


(Guest)

The recovery of money based on the decree in execution done in two ways. one is arrest and detention in civil prison and another is sale of property of Judgement debtors. 

The long procedure  is envisaged in sale of property 

The easiest and quick remedy will be in arrest. 

Y ARAVIND (ADVOCATE)     18 November 2010

The issue is loan recovery decree.  Is it a bank decree or decree in a mortgage suit.  If such is the case first agaisnt proeprty only.  If not such decree, seek permission for simultaneous execution from the exectuing court in case of speedy recovery needed.  If the J Dr is in service first option is only attachmetn of salary.   

Y.Aravind, Advocate   

kranthi (retainer advocate)     19 November 2010

i wil agree with above all u have to prefer which mode u have to file u can attach or arrest that person

common_man (NA)     19 January 2011

Hello All,

I am also very similar situation except the amount I need to recover is much larger. I gave hand loan to private limited software company. There were 3 directors / partners. Now company closed operations. Directors has given personal gurantee (Promissory Note) on Rs.100 Stamp Paper. Its been almost 2 years now and they did not returned my money. So I filed Special Civil Suit. The Decree is received.

1. One of the director sold his property. He is working abroad in big multi national company with comfortable income.

2. Other directors property is mortgaged in a bank. He is currenly working in India as independent consultant.

3. The third director do not hold any property but he is working in India in Software company with good money as salary.

Now what could be the option will have? Will arrest will put pressure on them to return my money? How can i find about their salary or bank balance or any other property? Is the bank where one of the director's property mortgaged, can they tell how much liability on that property?

Thank you in advance.

Rajeev


(Guest)

 

@dddddd

1.first director is abroad so you cant get any remedy.

 

2. Other directors property is mortgaged in a bank. He is currenly working in India as independent consultant.

 

so,you can get decree of  attachmetnt of salary. Or civil arrest For civil arrest you have to deposit expanses MONTHLY FULL IN ADVANCE  in court to keep the JD in prison , you will not get any thing.

3. The third director do not hold any property but he is working in India in Software company with good money as salary.
 
so,you can get decree of  attachmetnt of salary. or second option is arrest.
 
 

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