Consumer court order favorable to us
2 years ago
I have an order from consumer state commission favorable to us in Bangalore. we have also filed an execution order, But the opposite party is not responding after sending 4 notices. what we have to do in this situation. pls advice.
A.Dear Client,
As per the facts mentioned, you can approach the court and send warrants to the defendant attaching his assets.
As per the facts mentioned, you can approach the court and send warrants to the defendant attaching his assets.
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A.Dear Sir,
There are several modes of execution which you might be aware by way of attaching his properties, by issuing warrant against him etc.
===============================================================
PRINCIPLES WITH REGARD TO EXECUTION OF DECREE AND ORDER
• Provision of Cpc relating to execution of decree and order shall be made applicable to both Appeal and Sue.
• A decree may be executed by the court which passed the judgement and decree or by some other court which is having competency to implement the judgement passed by such other court.
• The court which passed the decree may send it for execution to other court either on application of the applicant (decree-holder) or by the court itself.
• A court may order for execution of decree on the application of decree on the application of decree holder (a) by delivery of any property which was in possession of judgement-debtor and decree has been specifically passed concerning such property (b) by attachment and sell of the property of the judgement-debtor (c) by arrest and detention (civil imprisonment) (d) by appointing a receiver (e) in such other manner which depends upon nature of relief granted by the court.
• Upon the application of decree-holder, the court may issue “percept” to any other court which is competent in that regard.
• All questions arising between the parties to the suit in the decree shall be determined by the court while executing the decree and not by separate suit.
• Where a decree is passed against a party as the “legal representative” of a deceased person and decree is for payment of money out of the property of deceased person, it may be executed by attachment and sell of any such property.
• A judgement-debtor may be arrested at any time and on any date shall required to be brought before the court which has passed the decree and his detention may be in civil prison of the district where decree shall have to be executed.
• Where immovable property has been sold by the court in execution of a decree such sell shall be absolute. The property shall be deemed to be invested in the favour of purchaser, and the purchaser shall be deemed as a party to litigation.[v]
• The court to which decree is sent for execution shall require certifying to the court which has passed decree stating the manner in which decree has been implementing concerning the fact of such execution
There are several modes of execution which you might be aware by way of attaching his properties, by issuing warrant against him etc.
===============================================================
PRINCIPLES WITH REGARD TO EXECUTION OF DECREE AND ORDER
• Provision of Cpc relating to execution of decree and order shall be made applicable to both Appeal and Sue.
• A decree may be executed by the court which passed the judgement and decree or by some other court which is having competency to implement the judgement passed by such other court.
• The court which passed the decree may send it for execution to other court either on application of the applicant (decree-holder) or by the court itself.
• A court may order for execution of decree on the application of decree on the application of decree holder (a) by delivery of any property which was in possession of judgement-debtor and decree has been specifically passed concerning such property (b) by attachment and sell of the property of the judgement-debtor (c) by arrest and detention (civil imprisonment) (d) by appointing a receiver (e) in such other manner which depends upon nature of relief granted by the court.
• Upon the application of decree-holder, the court may issue “percept” to any other court which is competent in that regard.
• All questions arising between the parties to the suit in the decree shall be determined by the court while executing the decree and not by separate suit.
• Where a decree is passed against a party as the “legal representative” of a deceased person and decree is for payment of money out of the property of deceased person, it may be executed by attachment and sell of any such property.
• A judgement-debtor may be arrested at any time and on any date shall required to be brought before the court which has passed the decree and his detention may be in civil prison of the district where decree shall have to be executed.
• Where immovable property has been sold by the court in execution of a decree such sell shall be absolute. The property shall be deemed to be invested in the favour of purchaser, and the purchaser shall be deemed as a party to litigation.[v]
• The court to which decree is sent for execution shall require certifying to the court which has passed decree stating the manner in which decree has been implementing concerning the fact of such execution
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