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MANMEET PRITAM SINGH ARORA
Zeal Polyrubs Pvt. Ltd. – Appellant
Versus
Spinks India – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
CM APPL. 42026/2023 (For Exemption)
Allowed, subject to all just exceptions.
Accordingly, the present applications stand disposed of.
CM(M) 1312/2023 & CM APPL. 42025/2023
1. This petition filed under Article 227 of the Constitution of India impugns the order dated 10.08.2023 passed by the District Judge, North West District, Rohini Courts, Delhi (`Executing Court') in Execution Civil No. 228/2021 titled as "M/s Spinks India vs. M/s Zeal Polyrubs Pvt. Ltd." whereby the Executing Court declined to grant stay of execution of warrants of arrest issued against the Petitioner i.e., Judgement Debtor vide order dated 21.07.2023.
1.1. The Executing Court vide order dated 21.07.2023 issued warrants of arrest against the Judgement Debtor in exercise of its power under Order XXI Rule 41 (2) & (3) Code of Civil Procedure, 1908 (`CPC').
2. The learned senior counsel for the Petitioner states that the order dated 21.07.2023 was issued in view of the fact that the Petitioner herein had failed to file its affidavit of assets as per Order XXI Rule 41 (2) CPC.
2.1. He states that, however, subsequently the Petitioner herein along with the application seek
Wilful non-compliance with court orders justifies the issuance of arrest warrants against a judgment debtor.
The main legal point established in the judgment is that the directions to the directors to furnish details of their personal properties do not follow as a matter of course in every case of execution....
Arrest of a judgment-debtor in civil proceedings requires strict adherence to procedural safeguards and evidence of willful neglect to pay.
A court cannot independently impose asset disclosure requirements during execution proceedings without a request from decree holders, ensuring compliance with jurisdictional provisions and protecting....
The issuance of an arrest warrant against a judgment debtor must follow due process, including a proper application stating grounds for arrest, as mandated by relevant CPC provisions.
Order XXI Rule 37 of CPC provides that when an application is filed in execution proceedings for payment of money seeking arrest and civil imprisonment of judgment debtor, court would issue a notice ....
Court's direction on mandatory disclosure of judgment-debtor's assets, incomes, and expenditures to expedite execution proceedings.
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