LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ARUN KUMAR (Govt Servant)     06 June 2010

Violation of Execution Petition By Oposite Parties

dear sir

I filed the consumer case and forum awarded the order in favor of me. But opposite parties have not complied the order which expired on 19 April 2010. I filed execution petition U/s 27 on 27 April 2010. Notice was served to opposite parties and appeared before forum on 21 May 2010. H’nable Judge told to opposite parties either comply the order by 04 June 2010 or go behind bar. But opposite parties have not appeared on the date i.e. on 04 June 2010.   Now H’nable judge has given next hearing date 22 June 2010 for record of statement of decree holder.

Please explain the meaning of record of statement of decree holder and what will be the outcome of this execution petition filed before forum. also how long this case will go.

I have enclosed a order copy for your ready referance.

Regards

arun



Learning

 7 Replies

Devajyoti Barman (Advocate)     07 June 2010

If the JDR fails to appear on the next occassion or fails to satisfy the direction of the judgement then on the prayer of the DH the Forum can pass order of either attachment of moveable property of the JDR or arrest him.

1 Like

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     08 June 2010

arun kumar

now the forum directed to give the statment of decree holder(DHR

the DHR have to satisfy the court that the opposite party has valuable assets(show the poof) or  he has means to comply with the oder

if form feels that the opposite party evading wantedly the form may attach the oppposite parties property or send him to civil prision (basing up on ur prayer)

so soon your mattter wil be adjuducated it all depends up on you only.

ARUN KUMAR (Govt Servant)     09 June 2010

Srikant

I (Decree holder) will pray from forum to send opposite parties behind bar. But there are chances to get bail by opposite parties. How to get Non Bail able arrest warrant for opposite parties?

As per rule, Opposites parties will get imprisonment for period of not less than one month and maximum of three years. So in my case, How long opposite parties will be behind bar. I have enclosed a Judgment order copy of forum in earlier query. Please go through it and reply.

Also explore u/s 27 read with CrPC 200.

 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     02 July 2010

They have right to appeal, so first check .

ARUN KUMAR (Govt Servant)     02 July 2010

Oposite Parties have not made any appeal till date.  I (decree holder ) have given " Sworn Statement " on 22 June 2010 in front of H'able forum and prayed for further steps u/s 27 read with Cr.PC 200 against JDR.

I contacted Registar of forum . They told me that We will send letter to JDR then we will issue Non bailable Arrest warent (NBW).

" Is it there is chance to make appeal by opposite parties at this advance stage of case?"

kumarasrinivas kanigiri (PRIVATE PRACTICE)     21 October 2010

in your case, you should have to give your evidence by way of affidavit stating the same facts in the procecution petition. upon that the District forum will pass order of arrest.  arrest means it is civil arrest. you should have to pay prescribed fee i.e. batta. there is no bail as such in this arrest.  because it is not a criminal case.  the only way that the opp. parties to avoid is to file an appeal before the appellate authorities or to to comply the order of the forum.   though an appeal can be preferred, it should be within the limitation period.  after the prescribed limitation period also, they can prefer an appeal by filing the same with a delay condonation by explaining the justifiable reasons.  if the court accept such contention, it will be numbered and the matter will be contested or else the petition will be dismissed and the appeal will not be numbered.  hence, you may proceed with your case by filing your evidence by way of affidavit and wait for the orders of the Hon'ble court. 

ARUN KUMAR (Govt Servant)     21 October 2010

Dear kumarasrinivas kanigiri

H'able forum has issued a NBW against accused. But It is unexecuted till date. Police is unable to locate and arrest JDR. I have submitted enough information and photographs of accused to police. JDR is doing his business by his representative and regularly opening his office. But accused is not coming to office. I have lodged a complaint to ministry of home affairs and director general of police reagading unexecution of NBW.

It is understood that there is close nexus and understanding between police and accused. I have requested to forum to reissue NBW. and it was accepted by forum. please advice on this matter


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query