Srei Equipment Finance Pvt. Ltd. Vs. Sanjev Kr.Dwivedi and anr. - Court Judgment

Excerpt:

this criminal petition is filed under section 482 of code of criminal procedure by the advocate for the petitioner praying to quash the proceedings in fir no.21/2010 on the file of the first class judicial magistrate, mangalore.the court : the decree-holder says copies of a supplementary affidavit indicating the balance decretal debt have been forwarded to the judgment-debtors but the envelopes have returned unnerved notwithstanding the addresses being as indicated in the agreement. a sum in excess of rs.8 lakh is due. the asset which was the subject matter of the agreement has been sold and the sale proceeds appropriated by the decree-holder in potato satisfaction of the decretal debt. the judgment-debtors should file their affidavits of assets within a period of eight weeks from date. the decree-holder will inform the judgment-debtors accordingly. the matter will appear on the first available chamber day eight weeks hence for it to be ascertained if the judgment-debtors have been made aware of this direction and for a possible further direction on the judgment-debtors to be present to be examined as to how the decrial debt may be discharged. urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

Judgment:

The Court : The decree-holder says copies of a supplementary affidavit indicating the balance decretal debt have been forwarded to the judgment-debtors but the envelopes have returned unnerved notwithstanding the addresses being as indicated in the agreement. A sum in excess of Rs.8 lakh is due.

The asset which was the subject matter of the agreement has been sold and the sale proceeds appropriated by the decree-holder in potato satisfaction of the decretal debt. The judgment-debtors should file their affidavits of assets within a period of eight weeks from date. The decree-holder will inform the judgment-debtors accordingly.

The matter will appear on the first available chamber day eight weeks hence for it to be ascertained if the judgment-debtors have been made aware of this direction and for a possible further direction on the judgment-debtors to be present to be examined as to how the decrial debt may be discharged.

Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.