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ARTICLE · 04 MAY 2021

Expedited Enforcement Proceedings: Rahul S Shah v Jinendra Kumar Gandhi & Ors

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Noting the difficulties that can be faced in enforcing judgments, the Supreme Court has issued directions for enforcement proceedings to be expedited.

IndiaLitigation, Mediation & Arbitration
Madhav Misra
Madhav Misra
Ribhu Garg
Ribhu Garg
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Expedited Enforcement Proceedings: Rahul S Shah v Jinendra Kumar Gandhi & Ors1

Noting the difficulties that can be faced in enforcing judgments, the Supreme Court has issued directions for enforcement proceedings to be expedited.

Facts

In a property related suit, the judgment debtors obstructed enforcement by creating conflicting rights over the property, filing objections, appeals, criminal proceedings, etc. Various writ petitions were filed by the judgment debtors and third parties objecting against the decree and the orders dismissing these petitions were challenged at the Supreme Court.

The Supreme Court's Decision

The Supreme Court noted the misuse of the Code of Civil Procedure 1908 (CPC) to prevent or delay enforcement and issued directions to all courts dealing with enforcement proceedings:

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