Issuance of receipts to Judgement-Debtor in a Money Suit filed under Order 37 of C.P.C.

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asked Mar 18, 2016 in Civil Law by anonymous

Kindly resolve my query relating to execution of decree. A civil court in State of Maharashtra passed a decree for a suit filed under Order 37 of C.P.C. in August,2014 for a principal sum of Rs.1,33,000/-. The execution petition (Darkhast) was filed immediately after the decree, for the sale of immovable property of Judgement-Debtors(Respondents). Thereafter,the Respondents started paying monthly instalments of Rs. 10,000/- from Sept,2014 onwards. The Respondents paid Rs.10,000/- monthly till January,2015. Till date Respondents have paid only Rs.50,000/- & stopped paying the balance amount w.e.f. February,2015. The Decree-Holder requested the Court to execute the Decree by proceeding with attachment of immovable property of Respondents located in Surat (Gujarat). But court issued Summons to Respondents instead of Issuing Attachment Warrant.

Furthermore, Advocate for Respondents appeared in February,2016 in the Court and argued that Respondents stopped making the payments to Decree-Holder because Decree-Holder didn't issue any receipts against the payments made by Judgement-Debtor. Also, Advocate for Respondents argued in the court that the Civil Court (decreeing Court) has no jurisdiction to execute attachment warrant for a Property located in Gujarat.

My Query :-

Q1. To what extent is Decree-Holder liable for any consequences relating to non-issuance of receipt against the Payments made by Judgement-Debtor ?

Q2. Is the reason given by the Judgement-Debtor justified in Law (or C.P.C.) regarding stopping the payment of monthly amounts to Decree-Holder, due to non-issuance of receipts for payments?

Q3. Court has decreed in its order that 6% interest p.a. shall accrue on the principal sum till the realization of payment. Can court deny interest or balance principal amount due to non-issuance of receipts against payment made by Respondents/Judgement Debtor ? If Yes, is there any case-law or previous court judgement for the same ?

Q4. The payments made by Respondents was by NEFT (Bank to Bank Transfer),in that case is the Decree-Holder bound by Law to certify the payment or issue receipt for money received directly into his Bank A/C to Respondent(Debtor)? If Decree-Holder fails to do so, what are the legal consequences for the same ? Is there any penalty/fine for his act ?

Q5. For attachment of property outside the State, what additional steps/application/petition needs to be filed by the Decree-Holder as he has already filed Darkhast Application(Execution Petition) stating that he seeks attachment & sale of immovable property of Respondents located at Surat(Gujarat) ?

Q6. What is best possible legal remedy available for Decree-Holder to obtain his balance decretal amount (i.e.) Rs. 83,000/- plus interest from Judgement-Debtors ?

Q7. Since, the advocate of respondents raised the issue of receipts not given by Decree-Holder to the Judgement Debtor,can Decree-Holder send receipts to the Judgement-Debtor via Registered Post A.D. now ? If Yes, can the Decree-Holder send the receipts directly to Judgement-Debtor or he needs to send the same through his Lawyer ?

Kindly advice urgently with Case-Law/Judgement Citations related to my query.

Regards,
Tushar (for Decree-Holder) 
State - Maharashtra.

 

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