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
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% per annum from 11th September, 2018, the Applicant was compelled to file Commercial Execution Application. Thereafter, pursuant to an order passed by this Court in the Chamber Summons taken out in the said Commercial Execution Application, the Judgment Debtor was directed to make disclosures. Mr. Bharucha would further submit that although the Judgment Debtor failed to make timely disclosures, however, from the affidavit
Asset Reconstruction Company (India) Limited Vs. Bishal Jaiswal and Anr.
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.
Encashment of demand draft offered in full and final settlement without prior protest constitutes acceptance by conduct under Section 8, Indian Contract Act, satisfying the awards; subsequent protest....
A decree's joint liability cannot be severed or modified unilaterally; the recording of payments must meet procedural standards set forth in the Code of Civil Procedure.
The burden lies on the decree-holder to prove that the judgment-debtor has the means to pay the decretal amount and is willfully evading payment, following the procedures laid out in the CPC.
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