LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Tushar Jha (Advisor)     28 October 2013

Execution of decree under order 37 c.p.c.

I filled a summary suit under Order 37 of C.P.C. for recovery of outstanding debts from the respondent.
The Hon'ble Court passed an ex-parte decree in my favour in June 2012.The respondents didn't turn-up during the course of litigation but as soon as they received notice for initiation of liquidation proceeding they appear in order to stay the liquidation proceedings by paying 15% of outstanding debt as per decree in Sept,2013(i.e.) after more than a year of date of decree.

In a court date in Sept,2013 the respondents said that they will pay the outstanding amount in installments of Rs.25,000/- per month,to which my lawyer objected as it is a ploy by respondents to further harass me by delaying the payment of debts & liquidation proceedings of Court.

I gave the respondents an offer to settle the balance amount in 4 installments to be paid on monthly-basis which they told that they will think about it.
Last week on Oct,24th court date they paid another Rs.25,000/- towards the outstanding debt.Now the court has set a date in 3rd-week of November in order to discuss the future course of action.

Dear Lawyers of this forum,kindly advice as to what steps can I take to recover my debts faster ?
I want liquidation proceeding to start so that the case can be brought to its logic conclusion.I am really not interested to pursue the recovery of money by accepting Rs.25,000/- (on monthly-basis) from respondents,as it would take another 11 months to recover the entire outstanding debt. 
Kindly advice on suitable remedy for faster execution of decree obtained in my case.How can I legally put pressure on the respondents to pay my debts?

Awaiting your advice.
 

~ Aggrieved Citizen of India.



Learning

 0 Replies


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register