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2016 Supreme(Del) 138

J.R.MIDHA
BHANDARI ENGINEERS & BUILDERS PVT. LTD. – Appellant
Versus
MAHARIA RAJ JOINT VENTURE – Respondent


Advocates Appeared:
Mr. S.S. Jauhar, Adv.
Mr. Sanjay Agnihotri, Adv. for JD 4. Mr. Ajit Sharma and Mr. Mayank Aggarwal, Advs. for Objector Brij Bhushan.

JUDGMENT

1. Delays and difficulties in execution of decrees erode public confidence and trust in justice delivery system. To prevent such delays, the executing Courts can exercise inherent powers to direct the judgment debtor to be present in Court (and even ensure his presence by coercive process) to receive such information or documents as will aid in the execution of the decree. The executing Court may examine the judgment debtor orally or direct him to file an affidavit detailing how he wishes or proposes to satisfy the decree.

2. In cases for execution of decree for recovery of money, an important step is to ascertain the assets/means of the judgement debtor to satisfy the decree. Order XXI Rule 41(2) of the Code of Civil Procedure empowers the executing Court to direct the judgement debtor to disclose his assets on affidavit in Form 16A, Appendix E to ascertain his assets/means to satisfy the decree. Order XXI Rule 41(2) of the Code of Civil Procedure is reproduced herein below:-

“Order XXI Rule 41(2) Where a decree for the payment of money has remained unsatisfied for a period of thirty days, the Court may, on the application of the decree-holder and without prejudice to its
























































































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