DEUTACHE RANCO GMBH Vs. MOHAN MURTI

JUDGEMENT

(1.) In this case the decree holder along with the executionpetition, had filed an application bearing E.A. No-70/94 under Order 20 Rule 6-A of the Code of Civil Procedure (hereinafter referred to as 'the Code') and inthis application it was stated that the decree had not yet been prepared and as suchthe last paragraph of the judgment be treated as decree for the purpose ofexecution under Order 20 Rule 6-A of the Code. This application was allowed on 18/03/1994 after hearing the learned Counsel for the parties and it was heldthat the last paragraph of the judgment dated 15/10/1993 in Suit No.l389/89 would be deemed to be a decree for the purpose of the execution petition. Thedecree holder was further directed to file the decree sheet as soon as the same wasobtained form the Registry. After hearing the learned Counsel for the parties onthe main execution petition, it was directed that warrants of attachment in respectof bank accounts and assets in the name of the judgment debtor mentioned in thelist of assets along with the petition be issued for 5/05/1994. A notice of thepetition was also directed to be issued to the judgment debtor through Counselwith regard to the relief claimed by the decree holder for detention of thejudgment debtor in the civil prison.

(2.) The case was got listed by the Registry before Court on 24/03/1994for direction to the decree holder to furnish the particulars of the bank accountsand immovable properties. On the said date the learned Counsel for the decreeholder submitted that the judgment debtor was having an account as nonresidentexternal account with the Indian Bank, E-30, South Extension Part-11, New Delhiin his name. Learned Counsel for the decree holder, however, expressed herunability to give particulars of the other two accounts. The Registry was directedto take steps accordingly.

(3.) Meanwhile, the decree holder moved another application under Section6 of the Bankers Books Evidence Act, 1891 read with Section 151 of the Code andin this application it was prayed that a direction be issued to the Indian Bank, E-30,South Extension Part-11, New Delhi and the Indian Overseas Bank, Golf Links,New Delhi to produce the copies of the entries in the bank records pertainingto the accounts/fixed deposit receipts of the judgment debtor for the period May1989 till date. This application came up for hearing on 2/05/1994 and afterhearing the learned Counsel for the decree holder, a notice was directed to beissued to the above mentioned banks to produce the copies of the entries in thebank records pertaining to the accounts/fixed deposit receipts of the judgmentdebtors for the period May 1989 till date and the case was adjourned to 1 6/05/1994.