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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ABHAY AHUJA
Drive India Enterprises Solutions Ltd. – Appellant
Versus
Haier Telecom (India) Pvt. Ltd. And Olive Global Holding Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. garnishee owes a specific amount. (Para 1) |
| 2. arguments presented by the applicant regarding debts. (Para 2 , 4 , 5 , 6 , 7 , 8) |
| 3. counterarguments from the respondent asserting non-liability. (Para 9 , 10 , 11) |
| 4. court's analysis rejecting respondent's claims. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. acknowledgment of debt confirmed. (Para 18) |
| 6. order for attachment and deposit issued. (Para 19 , 20 , 21) |
JUDGMENT :
ABHAY AHUJA, J.
1. This Interim Application filed by the Judgment Creditor inter alia seeks an order and direction against the Respondent, who is stated to be a Garnishee owing Rs. 17,40,82,984/- to the Judgment Debtor, of attachment and of deposit of the said amount in this Court under Order XXI Rules 46 and 46-A of the Code of Civil Procedure, 1908 (“CPC”) towards execution of decree drawn up pursuant to final order and judgment dated 10th September, 2018.
2. Mr. Bharucha, learned Counsel for the Applicant has submitted that since the Judgment Debtor failed and neglected and refused to comply with the decree and make payment of the decretal amount of Rs. 64,11,78,970.50 along with interest of Rs. 9,63,32,603.43 and with further interest at the rate of 12% p
Financial statements acknowledging liability serve as sufficient proof for court's directive to enforce payment without a genuine dispute raised by the garnishee.
A garnishee order requires the Judgment Creditor to prove the indebtedness of the garnishee to the Judgment Debtor; failure to provide sufficient evidence invalidates the order.
The monies attached and deposited into the credit of the three suits pursuant to various orders of the Court continue to remain the property of the judgment debtor, held custodia legis, subject to th....
The main legal point established in the judgment is the Court's authority to attach a debt, hold a garnishee liable, and order deposit of the amount for satisfaction of the decree under Order 21 Rule....
Court's direction on mandatory disclosure of judgment-debtor's assets, incomes, and expenditures to expedite execution proceedings.
Garnishee orders attach only debts existing at the time of service, excluding subsequent amounts credited to the debtor's account, affirming the principle of freezing the amount as of the order's ser....
Payments owed to a judgment debtor are garnishable despite prior assignment to a third party, provided they belong to the debtor at the time of garnishment.
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