Execution Petition
Bhushan V. Kale
(Querist) 04 March 2011
This query is : Resolved
A money decree is passed against a bank having a branch at Mumbai and a private party. Where in a bank is deft. no. 3. Suit was filed at Nagpur. In execution petition, Nagpur branch is made a party / J.D. no. 3, insted of branch at Mumbai (Mumbai branch is original defendant).
What is the remedy for Nagpur branch ? it was not party to suit.
Whether the execution against Nagpur branch will dismiss?
Please site any rulings.
adv. rajeev ( rajoo )
(Expert) 04 March 2011
When Nagpur branch was not party decree passed by the court is not binding on that branch.
Raj Kumar Makkad
(Expert) 04 March 2011
As the case was specifically filed against a particular branch of a bank and not against the bank itself hence execution also lies against similar party.
G. ARAVINTHAN
(Expert) 04 March 2011
Execution proceedings can be filed only in the place of the defendant bank
Uma parameswaran
(Expert) 05 March 2011
It shall also be depends upon the judgement.
a.manoharan
(Expert) 05 March 2011
Yes. it shall be depending upon the judgement.who are other 2 parties ? in Nagpur or Bombay? Decree is ordered against Nagpur Branch or Mumbai .
If Mumbai is Original party to suit , file EA to make the amendment in Original EP Petition. there is no any law in the world that 3rd party is to pay the dues of others except Garnishee
Advocate. Arunagiri
(Expert) 05 March 2011
EP can be filed in a different court, but the parties should be the same.
