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kumar t v s (advocate)     24 June 2011

Recovery from a company

I am a decree holder against a manufacturing company for amounts due under a contract. The company is avoiding payments and states that all its assets are mortgaged to Bank. hence am hesitating to file an EP for recovery and attachment. Please suggest a way out.

Kumar TVS

Advocate



Learning

 3 Replies

bharat ketireddy (providing legal services)     25 June 2011

No scope for hesitation in litigation.

First ask your advocate to issue a notice to the concerned bank, informing about the decree you have obtained aginst the company.

Second, Make the concerned bank a party and file EP making the MD and other directors parties, seeking necessary relief.

Third, keep a watch on the bank to know if its is going for any auction of the mortgaged properties of the company.

pervez (adviser)     25 June 2011

I agree with the comments of Mr. Bharat... Since the recovery can be effected out of uncharged assets of company and the limitation for execution of a decree is 12 years, you may have to peruse the case/  EP and try to put pressure on bank also so that if anything left out after adjustement of the dues by bank, you can make recovery out of remaining assets....

regards

Heaven 2011 (SERVE FRIENDS)     30 June 2011

Good advise Mr. Bharat....


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