CIVIL IMPRISONMENT FOR NON PAYMENT OF DECRETAL AMOUNT
rajan chopra
(Querist) 30 March 2015
This query is : Resolved
SIR THE COURT ISSUED NBW AGAINST JD TO DETAIN HIM IN CIVIL IMPRISONMENT FOR HIS FAILURE OF NON PAYMENT OF DECRETAL AMOUNT IN AN EXECUTION PETITION FILED BY DH AFTER THE SUBSISTANCE ALLOWANCE BEING DEPOSITED BY HIM UNDER ORDER 21 RULES 37 38 AND 39 NOW CAN JD DEPOSIT THE DECRETAL AMOUNT IN COURT THROUGH HIS COUNSEL OR HE CAN APPEAR IN PERSON AND DEPOSIT DECRETAL AMOUNT TO AVOID ARREST AND CIVIL IMPRISONMENT ? CAN COURT ORDER THE ARREST OF JD ON HIS APPEARANCE IN COURT AS ARREST WARRANT IS ALREADY ISSUED OR COURT CAN ACCEPT THE DECRETAL AMOUNT DEPOSITED BY COUNSEL OF JD AND CLOSE THE MATTER.
Devajyoti Barman
(Expert) 31 March 2015
His legal counsel can apply for recall of warrant on depositing the decreetal amount. Both the counsel and the party needs to be present. if the amount is deposited the warrant would be recalled.
malipeddi jaggarao
(Expert) 31 March 2015
Contact the advocate of DH through the advocate of JDR and advise the willingness of JDR to deposit the decretal amount. On deposit of money, the advocate of DH will file a full satisfaction memo as well recall of warrant. Both the advocates will decide the procedure for depositing money on one side and application for recall of warrant on the other side. It is possible. Generally the DH will not be interested in the civil arrest of JDR. It is a tool to recover the money.
rajan chopra
(Querist) 31 March 2015
SIR CAN DH INSIST UPON SENDING THE JDR TO CIVIL IMPRISONMENT FOR HIS DIS OBEDIANCE OF LAWFUL DECREE PASSED BY COURT AGAINST HIM ?
Raj Kumar Makkad
(Expert) 31 March 2015
Yes. Only Decree holder is the person to press for the civil imprisonment of the judgment debtor till the he gully satisfy the decree under execution.
T. Kalaiselvan, Advocate
(Expert) 02 April 2015
If the JD pays the decreetal amount to the full satisfaction, the DH cannot demand for civil arrest.
Biswanath Roy
(Expert) 03 April 2015
Order for imprisonment of the Judgement Debtor is merely a threat posed for recovery of the debts. Because Decree Holder knows very well that if he puts Judgement Debtor behind the bar he shall have to bear all charges and expenses of the detenue in the Jail custody as well as he will never get back the decreed amount.
