Execution of decree
AAK
(Querist) 02 January 2013
This query is : Resolved
Dear Experts
I have obtained a ex-parte decree against one Deccan Cargo India Private Limited company. Now at the time of execution of the decree, the court officer has filed the report that the doors of the company (Judgement Debtor) is locker and nobody is there, hence notice not served.
I dont know any the details of the properties to get an attachment from the court. Can any one suggest me the best remedy? is there any option for me to obtain order for civil arrest, if yes, against whom?
Devajyoti Barman
(Expert) 02 January 2013
You can ask for civil imprisonment of the directors.
ajay sethi
(Expert) 02 January 2013
do some spade work . you will be able to find properties belonging to company . then you cna ttach the property . if unable to find then proceed as suggested by mr barman
AAK
(Querist) 03 January 2013
Sir can u pls just enlight me on thee provision under CPC to seek for detention of the directors?
Mayank Saxena
(Expert) 03 January 2013
sec 55 of c.p.c provide for arrest and detention of judgement debtor and O.21 R.50 provide for the execution of decree against firm.
