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ARTICLE · 21 AUGUST 2020

Bhandari Engineers & Builders Pvt Ltd v Maharia Raj Joint Venture & Ors

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Bhandari Engineers & Builders Pvt Ltd v Maharia Raj Joint Venture & Ors Judgment dated 5 August 2020 in EX.P.275 & 276/2012 and EX. APPL. (OS) 193/2020: Directions and formats of affidavits in execution proceedings.

IndiaLitigation, Mediation & Arbitration
Madhav Misra
Madhav Misra
Akash Ray
Akash Ray
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Bhandari Engineers & Builders Pvt Ltd v Maharia Raj Joint Venture & Ors Judgment dated 5 August 2020 in EX.P.275 & 276/2012 and EX. APPL. (OS) 193/2020: Directions and formats of affidavits in execution proceedings.

The Delhi High Court has recently passed detailed directions to be followed by courts in execution proceedings under the Arbitration & Conciliation Act 1996 (A&C Act), while also making these guidelines applicable to proceedings under various other statutes. These measures have been laid down to ensure that a Judgment Debtor (JD) does not frustrate the decree by stating that he does not have the funds.

The Court has framed formats of comprehensive affidavits that have to be filed by individuals or firms/companies in order to determine, inter alia, their assets, income, expenditure and liabilities over the last 5 - 10 years to assess whether the JD has disposed of any properties to avoid satisfying the decree.

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