A.
Dear Client,
Section 45T of CPC deals with the enforcement of orders and decisions of the High Court. As per Section 45T(1), all orders made in any civil proceeding by a High Court may be enforced in the same manner in which decrees of such court made in any suit pending therein may be enforced. A liquidator may apply for the execution of a decree by a court other than the one which made it on the production of a certificate granted under sub-section (6) of section 45D and on his certifying to such other court in writing the amount remaining due or relief remaining unenforced under the decree. As per Sub-Section 3, order or decision of the High Court may, with the leave of the High Court, be recovered 2[by the liquidator in the same manner as an arrear of land revenue and for the purpose of such recovery the liquidator may forward to the Collector within whose jurisdiction the property of the person against whom any order or decision of the High Court has been made is situated, a certificate under his signature specifying the amount so due and the person by whom it is payable. According to Sub-Section 4 of Section 45T, on receipt of a certificate under sub-section (3), the Collector shall proceed to recover from such person the amount specified therein as if it were an arrear of land revenue. So, given the provision of enforcement of the High Court's order, you have to approach the concerned Collector in compliance with the formalities laid down under Section 45T of CPC.
Posted On 06-Dec-2024
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