Dear Lawyers,
Just a small query.
A court passed a Decree in my favour.I applied for execution of the decree.
But Judgement Debtor cited his inability to pay the total amount decreed at one stroke.
Hence, a joint statement was filed in the Court agreeing that Rs. 25,000/- will be paid by Judgement Debtor to me on Monthly-basis. The court had passed a decree for a Principal Sum of Rs. 3 Lacs Plus Cost plus Interest pendelite @ 6% p.a. along with future interest of 6% p.a. till the realization.
After making payment for 4 months totalling Rs. 1 Lac, Judgement-debtor stopped making payment of the remaining decretal amount. In the meanwhile,I informed the Court that Execution Petition (Darkhast) filed by me for attachment of Immovable Property be executed against the Judgement-Debtor.
The Court issued Summons to Judgement-Debtor for appearance on a date. The Judgement-Debtor's Lawyer informed the Court that his client had stopped making payment because Decree-Holder was not issuing receipts against payments received.
Furthermore, Judgement-Debtor paid Rs. 1 Lac in 4 monthly installments of Rs. 25,000/- each via NEFT (i.e.) depositing the money into my account.
Q1. What is method to issue receipts to Judgement-Debtor for payments made by him ?
Q2. Is there any specified format under Civil Procedure Code ? If Yes, kindly let know the format for same.
Q3. In case there is no specified format for the receipt to be issued to Judgement-Debtor, can I (Decree-Holder) prepare a receipt on my own stating the dates & amounts paid by Judgement-Debtor and send the same at his address via Registered Post A.D. (RPAD)?
Q4. Since,the payments made by Judgement-Debtor was through direct bank transfer via NEFT should the receipt contain revenue stamp in the receipt?
Q5. Is the Judgement-Debtor justified to deny interest on the outstanding principal amount since the date of his last payment (which was 15 months ago) due to non-issuance of receipts by Decree-Holder.
Furthermore, as Decree-Holder I didn't get the part-decretal amount received by me certified by the Court. Can court deny me interest of 15 months(@6% p.a.) on outstanding principal amount due to this act ?
Q6. Any cititations of recent Supreme Court Judgements in light of my queries, in order to strengthen my arguments ?
Awaiting Your Advices.
Aggreived Soul,
An Honest citizen of this country.
