breach of conditions by supardar
vinod bansal
(Querist) 08 June 2009
This query is : Resolved
R/Members
A civil suit for recovery was decreed in my favour & execution was filed by me in which court passed an order for attachment of moveable property i.e. bricks (five lacs in no.)lying in his brick klin,bailiff(court process server)attached the five lacs bricks & released on supardari to Mr. partap who is friend of judgment debtor, now attached bricks have been sold out illegally by supardar & Judgment debtor,sale of attached bricks is clear cut violation & breach of condition of supardari nama,i want to file an application for initiating legal action against supardar before court which has passed order of attachment & (in which my execution is pending) for breach of supardginama conditions in which he has made an undertaking not to sold out the attached bricks & produced the same whenever courts order, what & under which provision remeady is available to me,does it fall in contempt of court .Thanks
Y V Vishweshwar Rao
(Expert) 08 June 2009
you can file an application before the executing Court for direction against the Third party/Supardari to produce before the bailiff or to hand over, the Brick to the Bailiff for sale by court /or/ in the alternatively to pay the value of the Brick which was illegally sodl by him .
It is in tha nature of, Thrid party/Superdari-Bond enforcement, by Court .
