Mrs.n (CS, LL.B) 23 April 2013

Summary suit

Dear All ,

in one of the summary suit(high court-mumbai) order which was in our favour was appealed by defendants.
and now the appeal is heard and it is also decided in our favour in which states that

1) Defendants were asked to deposite principal amount and on deposite of this much amt only they will get the right to defend balance amount.plaintiff(we) can withdraw this amount unconditionaly.

2) 4 weeks time was given to deposite the amount otherwise the order passed in high court (in our favour ) by Single Judge stands confirmed

Now HIGH COURT have transferred this matter to city civil court ( for jurisdiction) and still defendants have not deposite the money.we took the search for that and we are in process of obtaining the non –deposite certificate from a/c department of high court

My query is

1) Now what are the steps to execute the original decree (as defendans have failed to deposite the money)

2) What are the documents required certificates etc ) for this process.

3) What is the full procedure of this and apprx time involed.

4) Now there are two authorities – hight court and city civil –where we have to apply for execution

5) As 4 weeks passed in 20.03.2013 and today is 23.04.213 after one month also we are not able to file the execution of decree.please suggest is it so time consuming ?

Your valuable suggestions and advice required

pls advice.

Reply Follow

7 Replies

ajay sethi (lawyer) 23 April 2013

1) obtain non depsoit certifcate . in the event of failure to deposit you have to make an application to court for decree . .

2) after you have got the decree then you have to obtain certifed copy of decree . draft decree will be drawn by your lawyer and then settled .

3) make an application for execution of decree . identify his properties , make an application for attchment of his moveable / immoveable properties . if inspite of attachment the defendant fails to pay then property can be sold in execution of decree

4) the whole procedure may take around 2 years

Mrs.n (CS, LL.B) 25 April 2013

Dear Sir, Many thanks for your prompt reply. sir can u please guide on time limit to apply for execution of decree. Rgds

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 28 April 2013

Dear Querist

I also agree with Mr. Sethi

the time limit to apply execution of Decree is 12 years

Mrs.n (CS, LL.B) 09 May 2013

Dear all ,

in connection of above , we have to execut the decree , but our concern is that company have not filed B.sheet with ROC since 2010 and we do not have any means to4 find out their properties etc.

please suggest

1) how we can attach their property etc. is there any imprisionment in absence of details of property .we are very frustrated as order and appeal order both are in our favour still we are unable to do anything and that person is enjoying .

2) we want to even start winding up proceddings against that company.pls suggest on winding up

3) also suggest how fast we can put them behind bar etc

4) how to find put his attachable property

Anjuru Chandra Sekhar (Advocate ) 10 May 2013

Refer Rules 30-36 of Order 31 of CPC and file for Execution petition as applicable. It would be in your interest if you can show the details of properties to be attached by court. You can engage the services of a private detective to know about details of properties of the defendant. Civil imprisonment option is also there, you can pray for either civil imprisonment or sale of movable or immovable properties in the same Execution petition.

Anjuru Chandra Sekhar (Advocate ) 10 May 2013

Correction:

Refer Rules 30-36 of Order 31 of CPC read as : Refer Rules 30-36 of Order 21 of CPC

Mrs.n (CS, LL.B) 10 May 2013

Dear sir,

thanks for prompt reply.

sir in our case defendant in execution of decree is company so the directors are responsible.in this one director is woman , can woman also be sent to imprisionment as this is money decree.??

please suggest