Drat Mumbai Court February 1998 Judgments

Prabhash Chand JaIn and ors. Vs. Punjab and Sind Bank

Court: DRAT Mumbai

1. The important question of vesting or acquiring the jurisdiction directly by the Recovery Officer in a transfer execution proceedings is involved in this appeal preferred by the judgment-debtors.2. The facts leading to the transfer of execution proceedings are as below : Consent decree in Suit No. 170/84 was obtained by the decree-holder Bank on 20.10.1986 for Rs. 10,13,745.06. The decree also directed the payment of future interest. The copy of the decree is however not produced on record. The Bank sought to execute this decree in execution proceedings bearing No. 165/1988 in Jullandhar Court who had passed the decree by attachment and sale of the properties belonging to the judgment-debtors and also by civil imprisonment. The Exerting Court had even issued the warrant of arrest on or about 17.3.1990. There were in all eight (8) decrees and all of them were sought to be executed by the arrest of the judgment-debtors. The decrees in 7 (seven) were fully satisfied and as such the que...