New Delhi: The Privy Council was present in 1872 observed that the difficulties of the steering in India began when he had obtained a decree but not many have changed in the last 150 years and people continue to face problems in the implementation of the decision passed – a fact recognized by the Court Agung on Friday.
“The crime was considered as far as 1872 by the Privy Council in connection with the difficulty faced by decision holders in the implementation of the decision.
After more than a century, there has been no improvement and a decree holder facing the same problem what is being faced in the past,” said Judge Judge Ajay Rastogi and Abhay S Oka.
The bench passed the observation when he judged the corporate battle between two companies for decree execution which was ratified by a foreign court in 2006 but the execution petition was still delayed.
“A litigant who came to the court who was seeking help was not interested in accepting a paper decision when he managed to build his case.
What he especially desirable from the Justice Court is a relief and if it is a decision of money, he wants the money what he has the right to the decision, Must be fulfilled by the debtor’s assessment at first without failing in seeing the restrictions / reasonable rights available for debtor assessment under the provisions of the law or code, as well, “Bench said.
The court said the instant case was a live illustration before we where the decision holder could get a money back decision to return on February 7, 2006 and even though 16 years had been rolled up, it was still unclear which was a forum where he could approach decree execution.
The problem before the bench is whether the Delhi High Court is a competent court to entertain the petition to execute money decisions, which are an affirmative court answered.
Nothing has changed since 1872, the decree is difficult to execute, the Supreme Court said
