1. The court can order an attachment or arrest as per the execution application. The court may not great further time.
Yes when notice is served and the other party.fails to appear court can issue Warren for arrest.
Consumer court
Decree was passed by State consumer and Jdr did not comply ..I have filed execution application in Dist.Consumer Mysore on 8.1.19.The Jdr received and ack Court summon notice.The Jdr did not appear on 23.2.19 and on 16.3.19 the judge retired so it is posted on 4.5.19.If the Jdr again not appear on 4.5.19 what to do further ?.Jdr had not appeal in NCRDC. Q1)Can Jdr argue and refuse to obey and how many hearing will it take to complete?CAN THE STATE DECREE BE ALTERED BY EXECUTING COURT?Q2) How many hearing can Jdr skip ,and for court to issue Non Bailable Warrant ?some says even 1st hearing absence of Jdr is enough for court to issue exparte.please advice what I should do in next hearing Regards Divya
Asked 6 years ago in Civil Law
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
17 Answers
Ex parte order will pass. No argument but compliance of court order otherwise jail.
Execution court jurisdiction rest up to let compliance of decree.
Rightly advisely , after service of notice , If party not appears , court grants ex parte order.
1. if on next date the JDR does not appear then press for an order allowing your execution application and for issue of NBW against the JDR and attachment of his property
2. executing court only has to execute the state decree. It cannot alter the state decree
Jldr has to comply with court orders unless stay is granted or order set aside in appeal
2) if he does not appear for 3 consecutive dates bailable warrant can be issued against him
3) court may not issue warrant merely because jldr is absent on one date
Divys,
1. No party can argue during execution proceedings and usually, it took 4-5 hearing to dispose of the matter and sometimes more. Executing Forum has no power to alter the State Forum order.
2. other party should have been declared exparte till now, anyway, try to get him to declare exparte in the next hearing, but what is the use of declaring him/her exparte? you would get something only once other party appears.
therefore,
I Advice you to get the detail of some assets of JDR (Bank account, any vehicle, other property, FD etc) and submit an application to attach the said property before the executing forum and get the said asset attached and recover your dues.
attaching property is the best way to make JDR appear in the forum and obey the order.
The decree has been passed and you have filed for execution. The executing court cannot alter the terms of the decree. It can only do what it has been authorised to do. Therefore if after execution they do not comply request the court and it shall do the needful.
Regards
It is a normal practice of court to give a reasonable opportunity to judgement debtor to comply with the degree/court order before taking the last recourse of arrest and detention of JDr. As 2/3 opportunity has already given, you can request court to issue warrent for arrest and detention. Court may explore other alternative ways for execution or if deem necessary may issue arrest warrant.
No execution court can alter the decree it is just for execution. It may take some time
There is a provision for arresting the JD if he is not complying with the court order.
Even his non-appearance after receiving summons ,may prompt the court to issue orders for arrest through police.
For this there has to be a judge sitting in the court to pass the orders, without judge the consumer court cannot issue any order on its own.
It is enough now, how much dates, so when the Judge Sahib joins put an application before him for NBW or proceedings for attachment of the properties be started.
Thanks to all for advice. Now my follow up question is I have filed on 8.1.19 in dist.consumer Execution Application..As the Jdr filed is against President of Madhuvana House building cooperative society mysore.As per karnataka cooperative society act section 109(3)states that if Cooperative society,or any office bearer ,member without reasonable excuse disobey any lawful written Order Under the provision of this act will be punishable upto 2years or minimum 3 months imprisonment and fine upto 3000/_..CAN I APPROACH REGISTRAR OF SOCIETY TO TAKE ACTION AGAINST THE ERRING SOCIETY?(society as not taken stay nor appealled)should I write personally or thru lawyer..Kindly guide me Divya
Asked 6 years ago
You can approach registrar to take action against society office bearers
enclose copy of order passed by court which has not been complied with
Yes you can initiate the same as well as file contempt Petition before registrar. You can also take directions from registrar to file FIR under section 188 of IPC.
Since this is an act of disobeying the consumer court orders, you may have to approach legally to this issue through consumer forum only.
You can request in your execution petition to initiate action through the said society for quick and prompt action on the issue.
Direct approach to the society on the court order will not fetch you any fruitful result.
You can file a complaint before the registrar of the society against the chairman. The registrar can take appropriate society.
you can make a complaint, in person as well as through any lawyer,
better to take services of any local lawyer,
but once they made payment in executing forum, charges will be settled,
therefore if your concern is only execution of state forum order,
better to file an application to attach the property of JDR (bank account, vehicle, any other etc) before the executing forum and get the said asset attached and execute the orders
Yes, you can, please take steps immediately.
Order is passed by consumer court and not under society act. So negative.