Env Coord (.) 09 December 2021

Interpretation of court's order upload online

Hello Lawyers & Legal Experts,

I am decree holder in a summary execution case filed before District Civil Court in Maharashtra. I didn't attend the court hearing today due to some urgency. I am pursuing the case party-in-person. When I check the case status today online, it shows the following order uploaded on eCourts website.

Exhibit 32- Issue notice to JD application. Order - Reissue notice to JD as per order below exh. 28 and 22. Do Kamgiri as per order below exh. 28 and 29

Can anyone explain me the meaning of this order passed by the Court today in my absence and opposite parties absence.

1. Does re-issue notice to JD mean that I have to do some compliance at my end? Only then the Court will re-issue notice ?

2. Prior to issuance of notice to JD, do I need to submit copies of application filed by me under Exhibit 28 & 22 ? Or else the court will send notice automatically ?

3. Next hearing is on 5th January, 2022. Will the Court serve the notice upon 'opposite party' before the next date? Generally how much time does it take normally in such instances ?

Best Regards,
VISHAL SAHA.

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1 Replies

Aryan Raj 08 January 2022

In response to your query,

The term judgment debtor describes a party against which a court has made a monetary award. A person who is compelled to satisfy a court ruling; a party against whom an unsatisfied court judgement is awarded. When a court issues a judgement containing monetary damages, the losing party is responsible for paying the judgement debt, which is the amount of the award.

Following the verdict, the judgement debtor is frequently subjected to further legal action. The court has the authority to force the debtor to appear in court for an oral hearing to determine the debtor's assets. The court may order the debtor to surrender particular property if it is judged that the debtor has adequate assets to satisfy the judgement obligation. In most cases, the judgement creditor will need to pursue additional legal action.

Sir I don't think you have to do anything on your own now unless the court orders, you will get a notice automatically and you can present your documents to the court on the next hearing day with a prior notice of what you will be submitting. It is upto the court to decide if the other party has to appear in the court as well. It is not easy to determine how long all of this may take.

Regards,

Aryan Raj

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