MEMBER FIRM OF
India August 6 2020The Delhi High Court has formulated detailed formats of affidavit of assets and income of the judgement-debtor to be filed at the threshold of execution proceedings. The Court in its judgement dated August 5, 2020 also laid down detailed guidelines for the Executing Court. It observed that this will curb the delay and expedite disposal of execution proceedings.
Affidavits of assets and income
The High Court in this regard noted that the execution of decrees/awards deserve special attention, considering that inordinate delay in execution proceedings would frustrate the decree-holders from reaping the benefits of the decrees/awards. It was also of the view that Form 16A of Appendix E under Order XXI Rule 41(2) of the Code of Civil Procedure is not exhaustive to ascertain all the assets, income, expenditure and liabilities of the judgment-debtor.
Modifying its earlier judgement dated 05-12-2019, the Court annexed the modified formats of affidavit of assets and income of the judgment-debtor; affidavit of assets and income of a proprietorship firm/partnership firm/HUF/Company /Trust who is a judgement-debtor; and affidavit of expenditure of the judgment-debtor. The High Court in this regard exercised its powers under Sections 30 and 151 and Order XXI Rule 41 of the Code of Civil Procedure read with Sections 106 and 165 of the Indian Evidence Act and Article 227 of the Constitution of India.
It may be noted that the judgement would be applicable in pending execution cases as well. It states that,
“In pending execution cases, if the judgment-debtor has not already filed the affidavit of assets and income, the Executing Court shall direct the judgment-debtor to file the affidavit of his assets and income in terms of this judgment.”
The Court for this purpose also examined the formats of the affidavits of assets, income, expenditure and liabilities to be filed by the judgment-debtor in execution cases in the United Kingdom, United States of America, Canada, Ireland, Australia, Singapore, New Zealand and South Africa.
Guidelines for Executing Court
The judgement in the case Bhandari Engineers & Builders Pvt. Ltd. v. Maharia Raj Joint Venture & Ors. also elaborately laid down the procedure to be followed by the Executing Court. It directed that the Executing Court,
The High Court further held that the directions/guidelines will apply to all execution proceedings, such as the execution proceedings under Section 36 of the Arbitration and Conciliation Act; execution proceedings before Motor Accident Claims Tribunals; execution proceedings before the SDM empowered to execute decree/award as arrears of land revenue; execution proceedings before Debt Recovery Tribunals and execution proceedings under the Consumer Protection Act.