• Decree

An xpartee moneydecree has been passed against a company and its directors  of 4 lacs. 
I am also a company  made objections under order 21 rule 58 but the executing court told that the objections are file at a later stage so let the auction be done but the sale will not confirmed after 5 years the court rejected the objections on the ground of corporate viel as some directors and share holders are same  and confirm the sale . i file application under order 21 rule 89 a b on 60th day without prejudice to my rights but the court did not consider the same .
 i file cma that i am a company and stranger to the jd and its compay  yet i am ready to pay the whole decretal amount the court accepts the same and it was deposited  .i file the appeal and allowed. on two three dates dh come but no one appear for 4 year notice to served and now he appears. no sale certificate has been issued as executing court gives me a chance to appeal.
Asked 1 year ago in Civil Law from Delhi, Delhi
1) What is your query ? 

2) decree could have been passed only against company not its directors 

3) directors are not personally liable for  debts of company 

4) your appeal against sale has bee allowed
Ajay Sethi
Advocate, Mumbai
23151 Answers
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1) wait for orders to be passed in your first appeal against order 

2)he court,can on adjudication of the claim or the objections, releases the property from attachment.

3) the adjudication of the execution Court in a claim petition filed under Order 21 Rule 58 is deemed to be a decree and therefore only an appeal will lie against an order of adjudication.

4). madras high  Court in 2004(2) M.L.J.105 (cited supra) held that on a careful analysis of the relevant provisions of the definition of a decree in Section 2(2)(a) C.P.C., S.104(1)(i) R/W Order 21 Rule 58(4) C.P.C, no regular appeal is contemplated as provided u/s 96 of C.P.C. But a Civil Miscellaneous Appeal alone is contemplated.
Ajay Sethi
Advocate, Mumbai
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You have a relief in Order XXI Rule 58 (3)(a)or Rule 58(5)  or you may even process under  Rule 59 of the same order. 
The pending application  under order XXI Rule 89 will have to disposed, in my opinion, it may come as a savior to you under the given circumstantial situations. 
You may prefer an appeal if your application is dismissed  on the grounds which you may feel aggrieved by the order passed against you. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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