• Execution application

The State Consumer Forum Karnataka has passed order on 18/6/18 giving 6 months time to opposite party which is a House Building Society Ltd Mysore, ( engage in selling plots)to give me land and compensation for mental agony.My plot which they sold to me,,they got the plan modified .The court has ordered alternative site of same dimension
I had written to society President alongwith judgement copy requesting to oblige court order on Sept.2018.On 18th december 6 month will be over.I will file execution petition in Dist Consumer Mysore
Please answer my Query;
Can i file for freezing of bank account as judgement creditor against Judgement debtor in Dist Consumer?will they admit it ?I dont have current bank details of the society-how can i get it?
Can I approach Income Tax department to get balance sheet and returns filed copy as i will be able to get their asset details and bank details.I am a bonafide member will Income Tax department oblige?
Is it necessary to send Legal notice before filing execution?Under Which section should i file Execution petition?
Regards
Asked 7 years ago in Civil Law

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12 Answers

Hello,

 

there is no need to give a legal notice before filing the execution. Yes you can request the court to pass an order to freeze the bank account, you may make a generator prayer with regards to that.

 

IT department will not give the details to you, as you are the third party.

regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Sir the consumer forum.can order attachment of property, accounts and further can order arrest.for execution of its order. 

See forum shall direct the government authroties for details of property accounts you donot need to find same.

Income tax department without order.of.forum shall not disclose information to you.

Under section 27 file execution petition . Notice is not necessary if order.already server.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) you can apply for attachment of bank account of society in execution proceedings 

 

2) income tax department would not furnish income tax returns filed by society 

 

3)you can issue legal notice to society to comply with court orders before taking execution proceedings 

 

4) you  can call upon society to furnish details of its bank accounts as you are member of society . you are also entitled to copy of audited accounts of society 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Your are adopting typical way , simple way is file Contempt Petition in the same court who have granted you the relief, then they will come out with folded hands with all facts.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Dear Sir,

My answers are as follows:

Can i file for freezing of bank account as judgement creditor against Judgement debtor in Dist Consumer?will they admit it ?I dont have current bank details of the society-how can i get it?

Ans: Such application may be filed before the Executing Court that is District Consumer Forum, Mysore.

Can I approach Income Tax department to get balance sheet and returns filed copy as i will be able to get their asset details and bank details.I am a bonafide member will Income Tax department oblige?

Ans: You cannot directly approach IT Department but you can file interim application seeking such information before the Court which will direct the IT Department to furnish the same to the Court which will be accessible to you.  

Is it necessary to send Legal notice before filing execution?Under Which section should i file Execution petition?

Ans: Since you are filing execution petition within 2 years of order so legally there is no necessity of notice.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

in addition to execution application, i suggest you also file a contempt petition against judgment debtor in the High Court for wilful default of court order

 

no necessity to send legal notice before filing execution application 

 

 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

You first have to go by the guide lines of consumer forum and see if there is any clause to free their bank account.

You cannot file a EP for the reasons other than the one given in the rules.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

1. It would be better to file execution in district forum. The forum shall pass order of attachment of property and arrest in compliance along execution contempt can be filed too.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Section 10 of the Contempt of Courts Act empowers the HC to punish person for contempt of  a court subordinate to it 

 

you can file contempt of court application in HC as district consumer forum are subordinate to HC 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1.  If the orders of the court has not been comolied by the opponent, then an execution petition to be filed before the same court for executing the order and not a contempt of court petition.

 

2.  Contempt of court petition will not be maintainable if the order is executable. 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

if there is a decree / order and it is not obeyed by the opposite party then you need to file an Execution Petition for compliance of the same. In addition move a contempt petition also in the Court whose orders were not followed i.e willfully disobeyed. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Please note that Contempt Petition has to be filed in the same court whose orders someone who so ever it may be is not following.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

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