Execution of decree
Adv.Rajendra Kothari
(Querist) 26 November 2011
This query is : Resolved
Can executing court prevent to decree holder to withdraw the decreetal amount so deposited by the judgement debtor without any stay order from higher court and only on the basis that the judgement debtor has preferred an appeal before higher court? As well as whether the executing court can impose condition to furnish bank guarantee upon granting permission for withdrawal of decreetal amount?
adv. rajeev ( rajoo )
(Expert) 26 November 2011
No court cannot stop withdrawing decreetal amount. Mere filing of an appeal is not stay.
Devajyoti Barman
(Expert) 26 November 2011
What is the details?
Generally the executing court itself allows the DH to withdraw the amount.
If there is no dispute about the identity of the DH, the court is not supposed to put such restrictions.
Rajeev Kumar
(Expert) 27 November 2011
I too agree with Barman
prabhakar singh
(Expert) 27 November 2011
Yes! Mr. Barman has correctly opined.
V R SHROFF
(Expert) 27 November 2011
I Agree with Adv Rajeev & Barman
Raj Kumar Makkad
(Expert) 27 November 2011
Executing court cannot go behind the decree and cannot create any hurdle in the smooth execution of the decree under hand.
