Search Results for "Execution Proceedings"

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Search Results for "Execution Proceedings"

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Supreme Court

Supreme Court Allows Appeal in Execution Proceedings Due to Lack of Proper Service of Summons. Court Auction Sale Set Aside Upon Payment of Agreed Decree Amount.

11 Feb 2020

The dispute arose from a money decree in O.S. No. 271 of 1999 filed by the respondent-decree holder against the appellant-judgment debtor. The suit wa...

High Court

High Court of Karnataka Allows Writ Petition Against Dismissal of Obstruction Application in Execution Proceedings — Impugned Order Quashed. Court Held That Executing Court Must Consider Objections of Third Party Obstructor on Merits Under Order XXI Rules 97, 98, and 101 CPC.

27 Sep 2024

The petitioner, Rajesh Enterprises, a partnership firm represented by its partner Naresh Godar Shah, filed a writ petition under Articles 226 and 227 ...

High Court

High Court of Karnataka Allows Appeals in Execution Proceedings — Auction Sale Set Aside for Non-Compliance with Order 21 Rule 95 CPC. Delivery of possession is a mandatory requirement for confirmation of sale under Order 21 Rule 95 of the Code of Civil Procedure, 1908.

22 Jul 2024

The case involves two Regular First Appeals (RFA No. 557/2016 and RFA No. 558/2016) filed under Section 96 read with Order 41 Rules 1 and 2 of the Cod...

Tribunals

National Consumer Disputes Redressal Commission Dismisses Appeal Execution Against Judgment Debtors for Non-Compliance of Payment Order Under Consumer Protection Act, 2019. State Commission's order directing payment of remaining amount due and threatening coercive measures upheld as no illegality or perversity found.

19 Jun 2025

The present Appeal Execution was filed under Section 73 of the Consumer Protection Act, 2019, by M.R. Saifi, M.I. Saifi, and Afsana Saifi (the Appella...

High Court

Bombay High Court Quashes Detention Order in Execution Proceedings for Violation of Natural Justice — Failure to Issue Notice Before Ordering Civil Prison Vitiated Order. The court held that before ordering arrest and detention in civil prison for breach of decree, the executing court must issue notice and afford an opportunity of hearing to the judgment debtor, as per principles of natural justice and Order 21 Rule 32 CPC.

23 Jan 2026

The petitioners, judgment debtors in execution proceedings arising from Regular Civil Suit No. 456 of 2002, challenged the order dated 18.04.2023 pass...

High Court

High Court of Bombay Allows Insurer's Petition Challenging Warrant of Attachment for TDS Deduction on Interest Component of Motor Accident Compensation Award. The court held that the insurer's deduction of TDS under Section 194A of the Income Tax Act, 1961, though erroneous because the claimant was an individual entitled to exemption under Section 194A(3)(ix), did not justify attachment as the TDS amount was already deposited with the Income Tax Authority and the claimant could seek refund.

15 Nov 2016

The New India Assurance Company Limited (Petitioner) challenged an order dated 21 November 2014 passed by the Maharashtra Accident Claims Tribunal, Mu...

High Court

Bombay High Court Upholds Lifting of Corporate Veil in Execution Proceedings Against Group Company for Enforcement of Foreign Award — Single Economic Entity Doctrine Applied to Treat Two Companies as One for Liability Purposes.

30 Nov -0001

The appeal was filed by Bhatia Industries & Infrastructure Limited (BIIL) against an order of the learned Single Judge in execution proceedings for en...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Case Due to Unexplained Delay and Inapplicability of Section 14 of Limitation Act. Delay in filing first appeal against decree cannot be condoned under Section 14 of Limitation Act, 1963 when the appellants were aware of the decree and participated in execution proceedings.

5 May 2016

The case arises from a second appeal filed by the original defendants (appellants) against the judgment and decree dated 16-2-2008 passed by the trial...

High Court

Bombay High Court Allows Bank's Writ Petition Against Trial Court's Order Framing Issues in Execution Proceedings - Sale Certificate Valid Despite Delay in Possession. The Court held that objections to execution were barred by res judicata and the Executing Court could not re-open settled issues.

11 Sep 2015

The Ratnakar Bank Limited (Petitioner) filed a writ petition challenging an order dated 19/08/2014 passed by the learned Civil Judge, Junior Division,...

High Court

Bombay High Court Allows Second Appeal in Execution Objection Case — Third Party Objectors Entitled to Hearing Under Order 21 Rule 97 CPC. Court holds that objections by third parties claiming ownership of property in execution must be adjudicated on merits, not summarily rejected.

30 Jun 2015

The case arises from execution proceedings in Regular Civil Suit No. 8 of 1995, where the trial court passed a decree on 27.08.1999 in favor of the pl...

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