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B. P. COLABAWALLA
Suryoday Small Finance Bank Limited – Appellant
Versus
Pratap Mohanlal Kataria – Respondent
JUDGMENT
B.P.COLABAWALLA, J. - The above execution application is filed seeking the following reliefs:
"(a) That the respondent be directed to deposit decretal amount of a sum of Rs.5, 73, 452.76 with further interest on Rs.5, 73, 452.76 @ 18% p.a. from 23/2/2021 till payment and / or realization thereof;
(b) That the respondent above named be required by an order of this Hon'ble Court to file their Affidavit stating particulars of their properties etc., as provided under Order 21, Rule 41 of the Code of Civil Procedure, 1908. (c) That the respondent be detained in civil prison as per Order 21, Rule 41 sub-rule (3) of the Code of Civil Procedure for non-compliance of the order passed by this Hon'ble Court in terms of prayer Clause (b) hereinabove;
(d) That the respondent be directed to disclose their means on affidavit for satisfying the decree of the Applicant under execution as per Sec. 51 of the Code of Civil Procedure; (e) That pending the hearing and final disposal of the Interim Application the order of injunction restraining the respondent their servants and agents or any persons claiming through them from transferring and / or creating any third party rights on the propertie
Enforcement of Arbitral Award in absence of stay
The court emphasized the importance of compliance with consent orders and adherence to procedural rules for execution of judgments under the Code of Civil Procedure.
Wilful non-compliance with court orders justifies the issuance of arrest warrants against a judgment debtor.
A court cannot issue a warrant of arrest against a woman in execution of a money decree as per Section 56 of the Civil Procedure Code.
The court's decision was influenced by the State's undertaking to deposit the entire decretal amount within a specified period, leading to an ad-interim stay on the execution proceedings.
Arrest of a judgment-debtor in civil proceedings requires strict adherence to procedural safeguards and evidence of willful neglect to pay.
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