Jds bank account details
AAK
(Querist) 02 April 2013
This query is : Resolved
Dear Expert,
Need your valuable advice..
In a money recovery suit, we are the Decree holder. The Judgement Debtor company is locked and stopped its operations. Remained exparte in the entire proceedings. We are finding difficulties in executing the decree.
We heard that it has some cash amount in its bank but we dont know which bank, account number and other details.
Can we seek direction from the court to disclose its bank account details for attachment? If yes, then under which provision?
secondly, if the court passed such order and the JD failed to comply can we seek contempt process against Director?
ajay sethi
(Expert) 02 April 2013
you have got decree agsinnt company . issue winding up notice and file WP pettion . company will make payment
prabhakar singh
(Expert) 02 April 2013
"Can we seek direction from the court to disclose its bank account details for attachment? If yes, then under which provision?
secondly, if the court passed such order and the JD failed to comply can we seek contempt process against Director? "
Answer:When everything is running exparte it would not be possible.
Act as advised by Mr.Sethi.
Devajyoti Barman
(Expert) 02 April 2013
If the company has its know immovable assets then go for attachment of the same.
AAK
(Querist) 02 April 2013
Thank you all..
@Barmanji we dont have any details of their immovable properties and it seems they were running their operations from leased properties..
prabhakar singh
(Expert) 02 April 2013
leased properties.??DOES NOT BELONG TO JD AND CAN NOT BE ATTACHED OR AUCTIONED.
R.K Nanda
(Expert) 02 April 2013
no more to add.
Raj Kumar Makkad
(Expert) 02 April 2013
If you dont know any immovable property of that company, filing further litigation shall be just a wastage of money and energy.
AAK
(Querist) 05 April 2013
I once again thank every one..
We are trying our level best to find immovable property details..
I wanted to know
Can we seek direction from the court against he MD of the company to disclose its bank account details for attachment?
AAK
(Querist) 08 April 2013
Can we seek direction from the court against he MD of the company to disclose its bank account details for attachment?
prabhakar singh
(Expert) 08 April 2013
Under Order XXI, Rule 41(2) a Judgment-debtor is expected to file Affidavit of Assets,then if he is served,you can seek by application but you told case is going on exparte then how would it serve your purpose
was and is still in my mind?
AAK
(Querist) 08 April 2013
Mr.Prabhakarji i was thinking to obtain such direction from court and on failure by the JD to comply with the order, we should initiate the contempt process by filing application u/s 151 CPC... is it possible?
