Dear Legal Experts & Lawyers of this forum,
Kindly resolve my query related to civil law procedures.
My company is engaged in providing agriculture products & utility items for farming sector.I am based in Nashik(Maharashtra) and operate my business from Nashik.
In 2010 a company engaged in Commercial farming in State of Gujarat engaged my services for procurement of fertilizer & agriculture seeds.The registered office of the Company is in Rajkot.
As per the Work Order I completed the work & submitted them bill. They didn't pay 80% of the billed amount, hence I filled a suit under Order 37 (Summary Suit) at the Court of Joint Civil Judge at District of Nashik. The suit was decreed ex-parte in my favour.
After the suit was decreed in my favour, I filed Execution Petition under Order 21 Rule 11(Written application) of the C.P.C. for attachment of immovable property of Judgement Debtor.
The Immovable property to be attached & sold is located in Rajkot City(Gujarat).
Copy of Decree & Order was sent to the Judgement-Debtor by the Nashik Court. Thereafter, the Respondents paid around 50% of decretal amount in instalments. But now they have stopped paying the balance 50% Decretal Amount.
When my Lawyer pleaded to the Court to proceed with Attachment, the Opposing Lawyer (Debtor's Lawyer) argued that the Nashik Court doesn't have the Jurisdiction to Attach the Property of J.D. laying in Gujarat and the Judge also agreed with J.D.'s counsel.
- Kindly guide as to what steps shall be taken to execute the decree ?
- Also, I have not certified the 50% Part-payment received by Judgement-Debtor to Court ? Will it result in any penal action against me or will it have any effect on my case. How should I certify the payment recieved to the Court ?
- If Nashik District Court is not competent to attach the property in Gujarat, what should be done by me ? How to get Warrant of Attachment issued ?
- My Lawyer is not guiding me properly and I am confused. At one instance he said that a Precept needs to filed by me on Next Date, but later he said that Decree will be transfered to Rajkot for execution ?
What is the next Proper Legal Recourse - Precept or Transfer of Decree ?
Awaiting your advices.
With Regards,
Upendra Jain.
