Case Title: SPP Food Products Pvt Ltd vs India Overseas Co
Judgment delivered on: 29.05.2023
Case No.- + CM(M) 918/2023
CORAM- HON’BLE MR. JUSTICE TUSHAR RAO GEDELA
The High Court of Delhi has held that the court’s process cannot be used to investigate the judgement debtor’s location or get any other information about the debtor. The court has ruled that it is the decree holder’s primary responsibility to gather such data from all available sources. Following the rejection of an application by decree holder SPP Food Products Pvt Ltd in execution proceedings initiated against judgement debtor India Overseas Co., the bench of Justice Tushar Rao Gedela made the above observations before dismissing the petition challenging the order of the trial court.
Facts of the Case
The applicant for the decree had requested that the bank holding the judgement debtor’s funds furnish the KYC and other required documentation in order to locate the judgement debtor and learn his or her current whereabouts.
The party holding the 2015 trial court decree claimed that it had been trying to serve it onto the judgement debtor for the last seven years without success because it could not determine where the debtor lived. The court reasoned that the lower court’s decision to reject the application runs counter to the principle that a decree must be carried out in all cases.
Courts Analysis and Decision
However, the court ruled that the lower court had not acted perversely, illegally, or improperly in issuing the ruling. Information on the respondent/judgment debtor’s whereabouts or other information cannot be obtained through the Court’s process. The petitioner/decree holder “has the primary responsibility for independently obtaining such information from all available sources.”
The court denied the petition and clarified that the decree-holder is free to take any further measures necessary to carry out the judgment considering the court’s remarks.
Judgment- click here to review the judgment
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Written by- Anushka Satwani