AI Structured Summary
Not yet generated for this judgment
Judgment
The affidavit of assets not filed by the Judgement Debtor.
It appears that a Section 37 appeal is pending.
Learned Counsel for the Decree Holder submits that a statement was made before the Section 37 Court on behalf of the Judgment Debtors that the amount shall be deposited in the present execution petition. It appears that stay was granted by the Appellate Court subject to such deposit.
At this stage, learned Counsel appearing for the Respondent/Judgment Debtor undertakes at Bar that the said amount shall be deposited within two weeks from today before the Section 37 Court only to obtain the stay.
Accordingly, in view thereof, if a Section 37 appeal is pending, there is no purpose to keep the enforcement petition pending once decretal amount stands deposited.
In the event that the Judgement Debtor fails to deposit the aforesaid amount as undertaken by him before the Section 37 Court, the Petitioner/Decree Holder shall be at liberty to revive the enforcement petition and it is also made clear that no further time shall be granted to deposit the aforesaid amount.
The learned Counsel for the Judgement Debtor submits that Registry may be directed to accept the aforesaid amount. Accordingly, Registry is directed to accept the amount as per prescribed procedure.
In view thereof, the petition is disposed of in the aforesaid terms.