MONEY RECOVERY AGAINST E.P

Querist : Anonymous (Querist) 05 August 2010 This query is : Resolved
I FILED AN E.P.CASE AGAINST J.D. INITIALLY J.D WAS EVADING FINALLY WE ARRESTED AND PRODUCED HIM BEFORE COURT.THEN J.D.PAID RS5000 ONLY TOWARDS LODGEMENT AND GOT RELEASED,INSPITE OF OUR REFUSAL TO ACCEPT , HE WAS RELEASED BY COURT. THERE AFTER EVERY HEARING HE USED TO PAYONLY RS3000, WHICH IS NOT EVEN 1% OF THE DECREED AMOUNT.HE HAS GOT ALL THE SOURCES AND ASSETS,BUT HE SUPPRESSED THEM.
SO, WHAT I WANT IS TO DECLARE HIM AS A CREDITOR I.P. THROUGH THE COURT. HE IS ONE OF THE DIRECTOR IN THE FINACIAL INSTITUTION RECOGNISED BY THE RBI.
KINDLY ADVISE ME WHAT OTHER STEPS THAT I CAN TAKE RATHER THAN DECLARING CREDITOR I.P.? OR HIS COUNCEL SAID HE HAS NO MEANS TO PAY .EVEN THIS RS3000 IS BEING PAID THROUGH HIS SON'S SALARY,WHICH IS ABSOLUTELY WRONG.I KNOW HIS SON IS NOT WORKING ANY WHERE.
WHAT I SHOULD DO TO MKE HIM TO PAY MORE OR SHALL I FILE CREDITOR I.P. PETITION AGAINST J.D. ADVISE ME.

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s.subramanian (Expert) 05 August 2010
get certified copies from the court for the counter affidavit or counter statement that he has filed to your ep. then issue a notice to him about your intention to file a creditor's ip to declare him as insolvent. wait for his reaction or response and then proceed.

Chanchal Nag Chowdhury (Expert) 06 August 2010
First, get a direction from court asking the JD to file affidavit of assets. If U R so sure that he has sufficient assets, attach them & recover your dues.

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