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ignorance of law (others)     13 August 2013

Warrant of attachment :- meaning

I am a decree holder. i filed execution proceedings for enforcement of decree.

the Delhi Court had issued :- (1) warrant of attachment of moveable property of judgment Debtor . (2) warrant of attachment of immoveable property of judgment Debtor (house)   (3) Warrant of attachment of vehicle  of judgment Debtor. (4) warrant of attachment of bank Account of Judgment Debtor.

 

1.my question is What is the meaning of warrant of attachment of moveable property of judgment Debtor ? What will happen now ? Will the balif just serve the warrant of attachment to the Judgement debtor or will the baliff confiscate the moveable property and deposit the same with the court ? 

My other question is smillar in regard to the warrant of attachment in respect of immoveable property, vehicle and bank account.

 



Learning

 3 Replies

Advocate Rohit (Advocate)     15 August 2013

the bailif shall take the custody of the movable and immovable assets under its custody and shall give a detailed report of the same to the court. The court shall direct the bailif to auction the said assets, except the bank balance and pay you the sum as awarded by the court and balance amount, if any shall be returned to the debtor after adjusting the expenses for autcion.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Sudhir Kumar, Advocate (Advocate)     22 August 2013

well elaborated in short by the Mr Rohit.

Surrender K Singal   24 July 2018

How vague can such list of property / assets of J.D. be ?

If the D.H. is unaware of exact particulars / details of assets to be attached ?

Is there any specified form under CPC for process of WARRANT OF ATTACHMENT ?

 


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