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