Greetings.. please help
My Client A is a partner in a firm and gave 6 lakh cheque to his partner B related to business transaction.
Cheque was dishonored. Order 37 suit filed by B and suit decreed. My Client challenged suit in High Court . High court gave conditional leave to defend and directed my Client to deposit 2 lakh and defend the suit .
My Client neither paid 2 lakh nor defended . Civil court issued summons , warrants . In the meanwhile My Client gave his car in lieu of money and executed transfer of car in favour of B . However, B filed execution in civil court . Civil court is saying A has to pay 2 lakh to defend suit citing HC order . My contention is execution is not maintainable as decree is executed and B has Recieved Car in lieu of money . However, Civil court judgement is adamant that either pay the money or get an order from HC .
How to proceed further in the matter? Kindly assist