If you don’t have any properties in India it cannot be attached

2) company has to identify your movable and immovable assets

3) your assets in foreign countries would not be affected

4) look out notice would not be issued

1. It is the standard prayer. However, it is not prudent decision to keep such case alive considering that the order is unenforceable.

2. The employer may pray for a direction upon you to submit the details of your properties. Alternatively they can engage a detective agency to detect your sid properties.

3. Ordinarily no. However, the Court might ask for impounding your passport if it so decides and arrange your extradition through MEA. Avoid this at any cost.

4. If you fail to pay the ordered amount or fail to attend the Court during te hearings, the Court may issue warrant and look out notice can be issued against you. , In Consumer cases also, the Forum issues warrant against execution petitions though consumer Cases are civil Cases.

5. Challenge the said order passed by the lower court with a separate application for condonation of delay in filing the appeal for not receiving the Notice and challenge the order passed by the lower court on appropriate ground.

Petitioner identifies property then prays for its attachment

2) your father and brother property would not be attached

3) if you don’t have any bank accounts or immovable property in India petitioner would be left with a paper decree

If no property exists in india, then the company can insist for arrest, as arrest and attachment are possible in civil law.

Indian judgments are executable in foreign country subject to the pact entered between both the countries and laws of the foreign land.

If attachment has gone infructuous, then arrest is possible by issuing LOC.

1. If you don't have any proeprty for attachment then the court can issue warrant of your arrest so you can pas sentence of civil imprisonment.

2. The decree holder cna furnish he lsit of proeprty to be attached and if no person other than you come forward claiming title in the proeprty it can be attached and sold in auction.

3. Yes, if they know you have got assets in abroad the decree can be sent to foreign court for its execution. it is permissible.

4. Yes if warrant is issued and you are not arrested for long.

5. Appear in the case through an advocate. talk for settlement and settle the disputer amicably. Since there isa decree you can not go away far to escape rigours of law.

. Is 'Attachment of property' a standard prayer or the petitioner identifies the property and then files execution? -- its usual prayer in execution and general order are forbidden in absence of property details. Court will seek details of property.

2. My father and brothers have properties in their names. Will it effect them in any way? - No,

3. Is there a procedure of implementing execution in a foreign country? - No, Court can order attachment of properties situates out of its Jurisdiction, it can only refer the matter to concern court ( international court ) of ur area. which is lengthy and non adopted practice by party.

hi, if you dont have any property then no execution can take place ..the liability is yours ,therefore your brother and father cannot be held responsible

Hi,

1. This is standard procedure to recover the amount by attaching the property

2. In case there is no property in your name any property of the father which is ancestral in nature may be attached for the purpose of the recovery.

3.If there is no recovery you may be arrested and put in jail on your cost till you pay the amount due including the cost for keeping you in jail.

To answer your question on point wise basis -

1. It doesn't matter whether you have any property in India or not a property can be attached even if it exist in overseas. However, to do so there are lots of compliance which are required to be done not only from the side of the court but also from the side of central government and the government concern where the property exist.

2. The government is the responsible to identify assets in your name not only in India but in overseas as well.

3. The properties which you own in overseas will be sealed and confiscated and then will be auctioned off with the help of concerned government where the property exist.

4. A 'look out notice' is issued only in the case of criminal matters and not in civil cases. If your previous employer has brought up a case of fraud on first instance then that could have been possible. But the case brought up by your previous employer is a civil case and now an execution petition over to that civil case.

5. You should immediately file an appeal in against the order taken by your previous employer by stating the facts in actual. Thereafter you should contest that case and shall make sure that you win that case or you agree for a settlement in between your previous employer and yourself during the course of that case.

6. Normally properties owned by relatives are not brought into pictures while deciding these sorts of cases. However it can't be guaranteed that this will not happen. If they are able to convince the court that you have deliberately transferred your property on the name of your relatives then even their property may come into danger. That's why it is advisable to you that you should file an appeal and contest the order passed in against you.

7. CPC, 1908 lays down the procedure to implement execution order in foreign country.

My advice to you would be to contest the case before Higher Judicial authorities to avoid all these possibilities. If you are able to prove your case then you will get the relief in your favour and nothing of this sort will happen to you or to your family.

1. If the decree has been passed ex parte then on attaining the knowledge of the decree you ought to have applied to the court to set aside the ex parte decree. Do it even now and seek a stay on execution.

2. The employer has to furnish a list of your assets to the court. The executing court can surely attach the assets.

3. If your presence cannot be secured through summons the executing court may issue a warrant of arrest.

4. The decree of the Indian court can be executed in UK also by your previous employer under the law prevailing in UK, in which event your assets in UK may also be covered. There are reciprocal provisions in the law of every country to execute a decree passed by a foreign court.

5. The assets of your father and brother cannot be attached.

My questions are as follows-

1. In execution petition they prayed for 'attachment of property'. I don't have any property in India then how it can be attached? or is this the standard prayer in petition.

If you dont have any property in India on your name then you need not be worried about that, let them return with disappointment.

However this is a routine format.

2. Who will be responsible of identifying assets in my name in India as I don't have any.

The petitioner may have to approach the revenue department for this.

3. Will it effect my assets in foreign country? if yes, then by what procedure?

No, it cannot be executed in that country.

4. Are there any chances of 'look out notice' as this is a civil case

No

5. Any precautions I should take.

Better do not respond to any summons

Thanks. My follow-up questions-

1. Is 'Attachment of property' a standard prayer or the petitioner identifies the property and then files execution?

It is a standard prayer becasue that is how they can recover the money due to them.

2. My father and brothers have properties in their names. Will it effect them in any way?

NO

3. Is there a procedure of implementing execution in a foreign country?

No, this cannot be executed in a foreign country.

1. Yes attachment of the property is the basic prayer which is made in the execution proceedings.

2. This will not effect them

3. No execution can not implemented for foreign properties

Regards