The Supreme Court has held that the imposition of moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) has no effect on the execution of a decree against the Directors or.
The High Court of Jammu and Kashmir recently asked the office of the DHS, Kashmir to pay ₹2 lakhs as costs for repeatedly filing frivolous cases to halt the execution of a decree passed by a trial court in 2003.
Lamenting the long delay in the execution of decrees, the Supreme Court observed that under Section 47 of the Code of Civil Procedure, the Executing Court can only go into questions that are limited.
The Supreme Court recently referred a pertinent question of law for reconsideration by a larger bench. The court grappled with the question of determining the starting point of limitation for filing.
The Delhi High Court has ruled that the process of the court cannot be utilized for the purpose of gathering information as to the whereabouts or other information in respect of the judgment debtor..