VIKRAM J. TANNA Vs. THE CHANCELLOR

JUDGEMENT

(1.) The appellants in these appeals are brothers, Vikram, Yogesh and Mayur. On 16th May, 2006 on instructions from the defendants, that is Vikram, Yogesh and Mayur a statement was made on their behalf before the Court that they would pay Rs.32,00,000/- in instalments. The Court then directed them to pay a sum of Rs.10,00,000/- within six weeks from the date of the order and to pay the balance amount of Rs.22,00,000/- in 24 equal monthly instalments. On 15th February, 2007 the earlier order was modified by directing that in the case of default in making payment of the aforesaid amounts, the plaintiff would be entitled to put the order dated 16th May, 2006 in execution by treating it as a decree of the Court.

(2.) Indisputably the appellants failed to comply with the order dated 16th May, 2006 and therefore, the decree was put into execution. Each of the appellants was served notices regarding the execution application. However, none of them complied with the decree. Orders directing them to file affidavits of assets were also flouted. Ultimately, by an order dated 2nd July, 2010, the executing Court noted that while Yogesh and Vikram had filed the affidavits of assets. Mayur had consistently refused to comply with the order. The judgment debtors Yogesh and Vikram were directed to be present in Court to be examined as to how the decretal debt would be discharged. Since Mayur had not filed his affidavit of assets, a warrant of arrest was issued against him and made returnable in three weeks.

(3.) On 6th August, 2008 the Court noted that the warrant of arrest had not been executed against Mayur and therefore, extended the returnable date by a fortnight. The deposition of Yogesh was recorded on that day. Vikram was also examined regarding his ability to discharge the debt. A special Officer was appointed to ascertain the assets in the godown of the judgment debtors which had been shifted to Khidirpore.