For Informative and Educative Purposes only.
MUST READ
Execution Proceedings in the matter of: Chanderkant Soni Versus
BPTP Limited (BPTP PARK GENERATIONS).
Order on Powers of The Honourable RERA Gurugram of arrest of the
Judgment Debtor in exercise of powers under Order XXI Rule 37(2) of the CPC.
|
Day and date |
12.02.2021 and Friday |
|
Execution No. |
E/645/2020 titled as Prashant Chanderkant Soni VS BPTP Limited
|
|
Complaint No. |
444/2019 |
|
Decree holder |
Prashant Chanderkant Soni |
|
Represented through |
Shri Kuldeep Kumar Kohli Advocate |
|
Judgement debtor |
BPTP Ltd. |
|
Represented through |
Sh. Venkat Rao Advocate |
|
Proceedings recorded by |
Naresh Kumari |
1.
While exercising powers under Order XXI
Rule 30 of the Code, the Authority hereby orders attachment of the above said
bank account and directs the bank manager to remit the decretal amount in favor
of the decree holder by way of producing demand draft before the Authority
within 1.5 days, failing which the bank manager is directed to explain the
reasons for non-compliance.
2.
The Authority further orders that if the
decree for payment of money remains unsatisfied for a period of 30 days, the judgment
debtor shall file an affidavit stating the particulars of the assets of the
judgment debtor.
3.
As per provisions of Order XXI Rule
41(3) of the Code it is hereby made clear to the judgment debtor that in case
of disobedience of order of the Authority made under Order XXI Rule 41(2) of
the Code the Authority may direct that the person disobeying the order be
detained in the civil prison for a term not exceeding three months unless
before the expiry of such terms the Authority directs his release.
4.
In case the decree is not satisfied
before the next date of hearing and the particulars of the assets of the
judgment debtor are not produced within the time specified above, the judgment
debtor shall be present before the Authority on the next date of hearing to
show cause why he should not be committed to civil prison.
5.
It is further clarified that if
appearance is not made in obedience to this notice, the Authority shall if the
decree holder so requires issue warrant for the arrest of the judgement debtor
in exercise of powers in Order XXI Rule 37(2) of the Code.
Advocate Kuldeep Kumar Kohli
V 3/11 DLF PHASE III
GURUGRAM
0124 4014318,0124 4990107, 08860332404
KULDEEPKOHLI@KOHLILEGAL.COM
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