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TMI Blog2013 (9) TMI 1314X X X X Extracts X X X X X X X X Extracts X X X X ..... ectness of such statement the directors of the judgment-debtor were directed to be present in court on June 14, 2013 at 2 p.m. On the said day, the directors were present and were examined by the court wherefrom it was revealed that the judgment-debtor had certain assets within the jurisdiction of this hon'ble court although the directors reside outside. 3. On that day the judgment-debtor through its directors agreed to pay a sum of Rs. 50,000 in part payment of the decretal dues, which sum has also been paid. It is thereafter that an application has been filed by the judgment-debtor under section 39(4) of the CPC. 4. It has been contended on behalf of the judgment-debtor that any direction given to the judgment-debtor will be in aid of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tors on an application filed by the decree-holder. 8. Order 21, rule 41(2) empowers the court to exercise its discretionary power while giving direction for filing affidavit of assets. As held in D. V. M. Construction v. SREI Infrastructure Finance Ltd. AIR 2009 Cal 227, the executing court is entitled to examine a judgment-debtor although he may be residing outside the jurisdiction of the court. In Shew Kumar Nopany v. Grindlays Bank Ltd. AIR 1986 Cal 328, it has been held that examination of judgment-debtor is not a mode of execution and is only a step in that direction. 9. In view of the aforesaid, the examination of the judgment-debtor was justified and in respect of the properties which have been found to be within jurisdiction, the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 52 of 2013 was filed for execution of the consent decree dated September 24, 2012. In the said execution application the decree-holder sought for oral examination of the judgment-debtors under Order 21, rule 41(1) of the CPC and for filing of an affidavit of asset by the judgment-debtor or its officers under Order 21, rule 41(2) of the CPC. By order dated June 12, 2013, the officers of the judgment-debtor, viz., the directors were asked to be personally present on the next day as counsel for the judgment-debtor expressed inability on the part of the judgment-debtor to liquidate the decretal dues. By the consent decree dated September 24, 2012, the judgment-debtor had agreed to make payment in three instalments beginning October, 2012. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... btor. No action is being taken for execution of decree. It is only after the assets have been identified that the machinery for execution of decree can be set in motion. 16. Section 39 of the CPC deals with transfer of decree and section 39(4) of the CPC imposes a bar under the said section to execution of decree against person or property outside. The decree passed in the instant case is against the judgment-debtor company therefore the question of executing the decree against any person does not arise. Similarly, execution is not being effected against the property of the judgment-debtor either and the bar of section 39(4) of the CPC cannot prevent examination of an officer of the judgment-debtor. Therefore the contention of the judgment- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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