Order 21 rule 11(2) or order 21 rule 37
Rahul jain
(Querist) 21 June 2016
This query is : Resolved
Dear Sir,
I am decree holder but the company has not paid up the money due to me. I have filed execution of the decree and still they have not turned up in the court. Should i file for imprisonment under order 21 rule 11(2) or order 21 rule 37 against them? which one is stronger and has better chances for me to get my money.
thank you so much
regards
anand
(Expert) 22 June 2016
The best way is file the winding up of the company. You will get the payment for sure, even on notice of winding up you can get the same
adv.bharat @ PUNE
(Expert) 22 June 2016
You can give notice through lawyer for your balance payment. If u don't get reply then file company winding up.
Rahul jain
(Querist) 22 June 2016
Company is already closed down with possession of property taken over by bank.
R.K Nanda
(Expert) 22 June 2016
File application for their imprisonment in court.
Advocate Bhartesh goyal
(Expert) 22 June 2016
Yes,file application for imprisonment of responsible directos or officials.
Rajendra K Goyal
(Expert) 22 June 2016
Agree with the expert Advocate Bhartesh goyal.
Rahul jain
(Querist) 22 June 2016
Thank you. Under which rule/order should I file?21-11(2) or 21-37?
T. Kalaiselvan, Advocate
(Expert) 25 June 2016
The Law relating to execution of decrees is to be found in Sections 36 to 74,
Sections 82 and 135; and Order XXI of the Code of Civil Procedure.
O XXI R 11(1) (1) Where a decree is for the payment of money the court may, on the oral application of the decree holder at the time of the passing of the decree, order immediate execution thereof by the arrest of the judgment debtor, prior to the preparation of a warrant if he is within the precincts of the court. Further procedures can be noted from sub section 2 of the said provision. You can consult your advocate who will be in the knowledge of this.
