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To expedite the disposal of execution proceedings, the Delhi court has introduced three additional affidavits which must be filed by a judgment-debtor to achieve record his/her assets and income. The High Court Bench comprising of a single bench Justice J R Midha delivered three affidavits..
The three new affidavits are introduced after the Court opined that Form 16A of Appendix E under Order XXI Rule 41(2) of the Code of Civil Procedure wasn't exhaustive to determine all the assets and income of the judgment-debtor.
The modified affidavits, and all the other orders directed by the Court, shall apply to every execution proceedings, like the procedure of execution under the Section 36 of Arbitration and Conciliation Act, and Motor Accident Claims Tribunals, and procedure followed before the SDM in order to empowered the execute decree/award as arrears of land revenue, and Debt Recovery Tribunals and Consumer Protection Act.
Moreover with regards to the main points of the judgment-debtor's standard of living and lifestyle, the Court also sought the credit/debit cards, and membership of clubs and other associations, and loyalty programs, and social media accounts, and frequency of foreign travel, and frequent flyer cards, and brand of mobile, and the regular expenses incurred on the family functions, and festivals and marriage of relations, etc.
The Court further stated that the disclosure on expenditure shall be included on household expenditure, housing, maintenance of dependents, transport, medical expenditure, entertainment, holiday and vacations, litigation expenses, discharge of liabilities etc.
The earlier direction with relevancy the ability of the Executing Court to restrain the judgment-debtor from leaving the country without permission and to impound the passport of the judgment-debtor, are for this, recalled. The Delhi High Court also directed all the District Court Judges to deliver The High Court with all the pending execution matters which are a year old, by the date of 31st of December, 2020.
It has also asked the Central Government to contemplate incorporating the three affidavits within the statutes, as within the developed countries. The affidavits were included as Annexure to the judgment.
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