Execution of Decree against J.D. residing in another State
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/- along with cost of suit & interest from date of institution of suit till date of payment.The execution petition (Darkhast)was filed immediately after the decree,for the sale of immovable property of Judgement-Debtors(Respondents).Then,the Respondents started paying monthly instalments of Rs.10,000/- from Sep,2014 onwards.
The Respondents paid Rs.10,000/- monthly till Feb,2015.Now Judgement Debtor(J.D.) is not paying because I didn't issue receipt for payments received by me.
I received only Rs. 10,000/- in cash and remaining Rs. 50,000/- received via NEFT(Bank-transfer).
Am I liable to issue receipt to Judgement Debtor(J.D.) for Rs. 60,000/- ?
Because on my previous court hearing in 3rd week of February,2016 Judgement-Debtor's Lawyer said that his client stopped paying the decree-amount because I(Decree-Holder) was not issuing receipts.
Q1. Is the action of Judgement-Debtor justified in the eyes of law ?
Q2. Can court deny interest @ 6% p.a. given in the order due to non-issuance of receipt at my end ?
Q3. Currently, Rs.73,000/- principal sum is outstanding under the decree excluding interest.
On my next date in 2nd-week of June, I will apply to the civil court at Mumbai for transfer of decree in order to attach the immovable property of Judgement-Debtor situated in Rajkot.
Q4. Is my physical presence required on each & every date at District Court of Rajkot ?
Awaiting your advice.