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Tubeen   12 August 2017

Non compliance in executing the decree by the Judgement-Debtor

In a money suit, Judgement has been made in my favour, stating that I am entitled to 60%share of the profit which has been generated between the period of 1990 to 2011 (till the date of decree). In the process of execution, the executing court has appointed two charter accountant, each for the Judgment debtor and judgment holder. And also ordered to complete the accounting within the period of six months. In pursuance to the court's order, my charter accountant had sent 3 notice to the Judgement debtor to furnish the Book of account, for the purpose of accounting the business's profit. But Judgement debtor did not respond to any of his notices. So, my question here to my learned friends is that, what legal action can be taken against the Judgement debtor for not furnishing the book of account. Please help.
Thank you.


 6 Replies

Tubeen   12 August 2017

And also to add some fact, time period of six months has already been elapsed 4 months ago.

manu seth (N/A)     12 August 2017

move an application for contempt against the judgment debtor to the civil court where the execution is pending.
1 Like

Jitendra Ahuja (Lawyer)     13 August 2017

beg to differ contempt wont serve purpose as jts stage if modes of execution are there than go for that process as contempt will not be entertained.
1 Like

Tubeen   13 August 2017

Thank you both for your valuable suggestions. I would be very grateful if you could help me out with specific sections or provisions.

dionwriter   12 April 2020

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Rhys Faulkner   18 January 2021

Thanks for sharing this information with us!


Dr Car Polisher

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