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Kumar.............. (Engineer)     11 February 2012

Need experts kind opinion

Dear Experts,

We got a Decree(Ex-parte) for Rs.3,50,000/-Civil - Money recovery suit - ABJ on 28/01/2012 and our lawyer requested to get an EC and we applied for the same. Today we got it and we found that this JD(Judgement Debtor) made a clever move that he took a Loan from the bank on 03/02/2012. We published the case details even in the month of November 2011 in the newspaper and circulated to all near to his house area to get awareness of my case as per our lawyer guidance. Even his (JD) Lawyer attended the case last 2 times. His lawyer absent on the enquiry stage. Then only we got an Ex-parte Decree.

Now my query is what happen to my decree money since the bank is involving in the middle? Can I get my money back thru legal procesdings?Can I inform the same to the bank now?

Please give me your kind opinion in this regard to get my money decree money back.

Regards,

S.Kumar




Learning

 2 Replies

sridhar pasumarthy (ADVOCATE)     11 February 2012

Kumar,

Instead of giving publicity through newspapers etc., you might have sought for attachment before judgment of the defendant's/jd's property before judgment.

Anyhow, file an execution petition atleast now for attachment and sale of property.  Court will conduct auction subject to mortgate of the bank.  Out of sale proceedings in auction, you can recover the amount whatever remains after discharging the debt of the bank.

Normally, banks won't give huge amounts when compared to the actual market value of the property.  So, you may have chances for recovery of your decree amount.

Kumar.............. (Engineer)     11 February 2012

Thank you very much for your reply Sir. We have filed the civil case on Dec-2010 and the Hon'ble Judge not appointed at that time and again 5,6 Voidas. Then Judge appointed and at that time Our JD's Lawyer asked for the Direct trial without attachment and Our Lawyer also Agreed for Direct Trial. Then at the Trial Stage , the JD's Lawyer not attended and again the Hon'ble Judge given one more date for hearing. But still they did not attend the case. Then Hon'ble judge gave us the Exparte Decree on 28-01-2012. Then only he took a loan on 03-02-2012 as a clever move. Can we explain our case status to the Bank now(We filed 2 cases of NI 138 too)? We are ready for the settlement but JD is not ready to settle. Can Bank interfere with JD and settle the amount? How many months will take for the Court Auction after the Court Order?

Please give me your kind opinion in this regard,

Regards.

S.Kumar


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