J U D G M E N T

% 11.03.2022 EX.APPL.(OS) 607/2021

1. The precise scope of Order XXI Rule 46(1)1 of the Code of Civil Procedure, 1908 (CPC), the concept of “debt” within its 1 46. Attachment of debt, share and other property not in possession of judgment-debtor. – (1) In the case of –

(a) a debt not secured by a negotiable instrument, (b) a share in the capital of a corporation, (c) other movable property not in the possession of the judgment-debtor, except property deposited in, or in the custody of, any Court, the attachment shall be made by a written order prohibiting,—

(i) in the case of the debt, the creditor from recovering the debt and the debtor from making payment thereof until the further order of the Court;

meaning, the extent of the onus on the judgement debtor who seeks to invoke the provision, and the position, in law, in a situation in which the garnishee disputes the debt of which the judgement-debtor seeks attachment, are seminal issues which arise for consideration in this application.

Facts

2. OMP (Enf) (Comm) 172/2019 has been preferred under Section 36 of the Arbitration and Conciliation Act, 1996 (“the 1996 Act”) read with Order XXI of the Code of Civil Procedure, 19