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DELHI HIGH COURT
J.R.MIDHA
Bhandari Engineers & Builders Pvt. Ltd. – Appellant
Versus
Maharia Raj Joint Venture – Respondent
| Table of Content |
|---|
| 1. challenges of decree execution. (Para 2 , 12) |
| 2. procedures for judgment debtor asset disclosure. (Para 3 , 4 , 5 , 6) |
| 3. equity and justice in legal proceedings. (Para 8 , 10) |
| 4. power of court in asset attachment. (Para 19 , 24) |
| 5. importance of timely execution of decrees. (Para 38 , 57 , 62) |
1. Delays and difficulties in execution of decrees/awards erode public confidence and trust in justice delivery system. Execution jurisdiction deserves special attention and expeditious disposal considering that the decree-holder has already succeeded in the litigation and holds a decree/award in his favour.
2. In Satyawati v. Rajinder Singh, (2013) 9 SCC 491, the Supreme Court quoted the Privy Council`s judgment of 1872 that the `difficulties of a litigant in India begin when he has obtained a decree' and observed that the position has not improved and the decree-holders face the same problem. The Supreme Court observed that if there is an unreasonable delay in execution of a decree because, the decree-holder would be unable to enjoy the fruits of his success and the entire effort of successful litigant would be in vain. The relevant observations of the Sup
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