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Civil & Commercial Claims

Decree Execution

A decree is not money. Execution is the stage where a judgment becomes something real, and it is where most successful claimants lose momentum. We take cases through execution rather than stopping at judgment.

Code of Civil Procedure 1908, Order XXIArtha Rin Adalat Ain 2003
Court building representing execution of decrees

What this covers

We execute decrees and orders: attachment and sale of property, attachment of bank accounts and salary, delivery of possession, and the steps needed against a judgment debtor who will not comply. We also defend execution where it is being pursued wrongly.

Finding something to execute against

Execution succeeds or fails on assets. We work on identifying property, accounts and receivables that can actually be reached, and we move before a judgment debtor has time to put them beyond reach.

The routes

Depending on the decree, execution may proceed by attachment and sale, by delivery of possession, by arrest and detention in limited circumstances, or through the specialised procedure of the Artha Rin Adalat in bank recovery matters. Choosing the right route matters as much as filing.

Start execution promptly. Judgment debtors transfer assets, and every month of delay makes recovery harder and gives more room for objections. A decree that sits unexecuted quietly becomes worthless.

What helps

  • The decree and the certified copy
  • Details of the judgment debtor’s property, accounts and income
  • Any earlier execution attempts and their outcome
  • Records of any part payment or settlement discussions

Where it is heard, and how long it takes

Execution is pursued in the court that passed the decree, or one to which it is transferred, with bank recovery going through the Artha Rin Adalat. Execution proceedings commonly take months and can run longer where objections are filed. Speed at the start is the biggest single factor in recovery.

Illustration representing decree execution
How execution works
1

Identify assets

We work out what can realistically be reached, and where.

2

File execution promptly

We start the proceeding before assets can be moved.

3

Attach and realise

We pursue attachment and sale, or delivery of possession, as the decree requires.

4

Deal with objections

We meet objections from the debtor or third parties and press the process forward.

Speed at the start is the biggest single factor in recovery.Book a Consultation

Common questions

I won my case but nothing happened. What now?

That is normal, and it is what execution is for. A decree does not enforce itself. We start execution proceedings and pursue the assets.

The debtor has transferred his property. Is it hopeless?

Not necessarily. Transfers made to defeat a decree can be challenged. It is far easier, though, to move quickly before that happens.

Is there a time limit on executing a decree?

Yes, execution is subject to limitation, and a decree left too long can become unenforceable. Do not let a judgment sit.

Turn a decree into recovery

Execution pursued properly, and started early.

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