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john michael (ENGINEER)     26 March 2010

MONEY RECOVERY

I  had filed a money suit against some one, To whom i had given Rs100000 in the year2004. i got the judgement and Decree in favour of me. again I had filed a EP(Execution Petition)against the decree.As the Respondent had suppressed all his assets, I have demanded CIVIL ARREST. Twice we tried with the warrant , respondent  is evading. Give me suggestion, How can I recover my money.

 Thanking you sir,

With Best regards,

Raja.



Learning

 6 Replies

jyotirmaya behera (advocate)     27 March 2010

you have evidence that you give him money. if you have then go to court. nither you enter in his home & take some goods which cost is more then the cost

Suryanarayana Tangirala (Advocate)     27 March 2010

Sorry about your ignorance jyothirmaya behara,read the question n follow it properly first before answering it dont be in hast to get score against your name ;-)

Mr.John if you have to arrest him (called civil arrest) an enquiry will be conducted by court isnt it could u not prove he has assessts and despite of having enough source he is avioding payment under decree?why r they unable to arrest him??your not fully clear with your case to get a proper answer

john michael (ENGINEER)     27 March 2010

As you said court inquired about the issues, and respondent  has not at all appeared in the court, Finally,In E.P (Execution petition) , Court has given an Arrest warrant, Which was the only pray in my E.P. But Respondent is evading by his influence.Some times,even He gets information from court staff and others,that he is going to be arrested on so and so time in such and such place like that. He has got money and  influence as well. This is the reason, that we could not arrest him . Also, he was arrested by some one earlier against one criminal case(IPC420) cheating case. Now he is on bail and facing that  case as well.

Suryanarayana Tangirala (Advocate)     27 March 2010

Fault is with the system sir,we cannot fight with system this is what i  feel out of my experience in court,though the India Laws are good,people explore and exploit them,anyways hope u get back your money dont loose faith,Goodluck

pawan,Advocate,9899223824 (chairman)     28 March 2010

my dear friend,

you may appoint any receiver to recover/auction for obtaining money with the the permission of the court.

Suryanarayana Tangirala (Advocate)     28 March 2010

Dear Gautam,the query is j.dr is avading arrest !!! he said he has source and yet he is not paying decretal amount,where from this receiver appointment came?what will a receiver do???will he arrest him???


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