Recall Movable Warrant Process
Summary
In India, recalling an attachment of a movable warrant in an execution petition involves filing an application under Order 21 Rule 55 of the Code of Civil Procedure, 1908, providing valid reasons, and attending a court hearing. A decree holder can counter a recall application by highlighting non-compliance with court orders, lack of valid grounds, and intent to delay. Relevant case laws include Kiranmoyee Dassi vs Dr. J. Chatterjee and M.P. Shreevastava vs Veena, which discuss principles and compliance importance.Full Conversation
India
In India, you can recall an attachment of a movable warrant in an execution petition. Here are some steps you might follow:
- File an application under Order * Rule * of the Code of Civil Procedure, *.
- Provide valid reasons for recall to the executing court.
- Attend the hearing and present your case.
Is there any specific detail or assistance you need with this process?
Draft Decree holders Counter argument for recall warrant filed by judgement debtor
Sure, I can help you draft a counter-argument for a decree holder against a recall warrant filed by a judgment debtor. Here’s a concise draft:
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Counter Argument for Recall of Warrant
Introduction:
- This counter-argument is presented by the Decree Holder in response to the application filed by the Judgment Debtor for recalling the attachment of movable property.
Submissions:
*. Compliance with Court Orders:
- The Judgment Debtor has failed to comply with the court's order dated [insert date], necessitating the issuance of the attachment warrant.
*. Lack of Valid Grounds:
- The application lacks valid grounds for recall. The Judgment Debtor has not demonstrated any substantial change in circumstances or legal errors in the issuance of the warrant.
*. Intent to Delay:
- The application appears to be a tactic to delay the execution process and avoid the legal obligation to satisfy the decree.
*. Precedents:
- Relevant case laws support the continuation of attachment to ensure the decree holder’s rights are protected. Refer to [relevant case law, if any].
Conclusion:
- In light of the above, it is respectfully submitted that theapplication for recall of the warrant be dismissed, and the execution process be allowed to proceed.
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Would you need any more specific details or assistance with this draft?
Any relevant Case law
Here are some relevant case laws in India that you might find useful:
- Kiranmoyee Dassi vs Dr. J. Chatterjee (*) ILR * Cal *: This case discusses the principles surrounding the recall of attachment orders.
- M.P. Shreevastava vs Veena (AIR * SC *): This case emphasizes the importance of compliance with court orders and the consequences of non-compliance.
Would you need more assistance with your case?