2013 (6) TMI 196 - HC - Indian Laws

Petitioner challenged the orders dated 21.03.2011 and 16.07.2011 attaching certain amount from the petitioner. According to the petitioner, the said orders are passed notwithstanding that no further amount is due to 2nd respondent, the entire amount due having already been paid and full satisfaction recorded in the execution petition. - Held that - If petitioner has raised the objection that the entire amount due to the 2nd respondent has already been paid, certainly that objection has to be considered and appropriate decision entered by the executing court before the amount is disbursed to the 2nd respondent. - Execution court to matter.

Summary

The High Court of Kerala issued a judgment in a case involving the attachment of a certain amount from a judgment debtor. The debtor challenged the orders of attachment, claiming that the entire amount due had already been paid. The court directed the executing court to consider the debtor's objection before disbursing the amount to the respondent. The Original Petition was disposed of accordingly.