MANMEET PRITAM SINGH ARORA
Ashok H Advani – Appellant
Versus
Mukesh Kumar Singh – Respondent
JUDGMENT
MANMEET PRITAM SINGH ARORA, J.
1. The present petition filed under Article 227 of the Constitution of India impugns the order dated 08.05.2018 and 17.07.2018 passed by the Additional District Judge-07, South-East District, Saket Courts, New Delhi in Execution Petition No. 46/2016, titled as Mukesh Kumar Singh vs. Management of Business India Television International Ltd. & Another (`Executing Court').
1.1. Vide impugned order dated 08.05.2018 the Executing Court directed the Petitioner herein:
a. To file the details of the bank account of the Petitioner herein for the period of three years (3) prior to passing of the Industrial Award till the date of passing the said order.
b. To file the details of the immovable and movable property held by him (i.e., the Petitioner herein) three (3) years prior to the date of passing of Industrial Award till the date of passing the said order.
c. To file his (i.e., the Petitioner herein) Income Tax Returns (`ITR's') from the assessment year 2002-2003 till 2017-2018.
1.2. Vide impugned order dated 17.07.2018 the Executing Court imposed costs of Rs. 1,00,000/- upon the Petitioner herein for non-compliance of the aforesaid order dated 08.05.2018;
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....
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 ....
A court cannot independently impose asset disclosure requirements during execution proceedings without a request from decree holders, ensuring compliance with jurisdictional provisions and protecting....
Court's direction on mandatory disclosure of judgment-debtor's assets, incomes, and expenditures to expedite execution proceedings.
Wilful non-compliance with court orders justifies the issuance of arrest warrants against a judgment debtor.
An executing court can only entertain execution petitions where the judgment debtors' assets are located within its jurisdiction; non-compliance with court orders negates claims of lack of jurisdicti....
The court clarified that SDMs cannot enforce a specific affidavit format for asset disclosure in execution proceedings, overruling prior mandates that conflicted with CPC provisions.
Directors of a company cannot be held personally liable for the company's debts unless explicitly stated in the decree.
Point of Law : Procedure for implementation of the awards - If any modification is required in Scheme formulated by this Court, Implementation Committee shall be empowered to do needful.
Point of Law : Even on merits, it is not possible to hold that the respondent has made out a clear case for dismissal of the present execution petition, for want of territorial jurisdiction on the gr....
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