Process Of Court Cannot Be Utilized For Gathering Information About Whereabouts Of Judgment Debtor: Delhi High Court

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.

The court said it is the primary obligation of the decree holder itself to obtain such information from wherever it is possible.

The bench of Justice Tushar Rao Gedela made the observations while dismissing a petition challenging the order of the trial court that had rejected the application filed by decree holder, SPP Food Products Pvt Ltd, in the execution proceedings initiated against the judgment debtor, India Overseas Co.

The decree holder in its application had sought directions to the judgment debtor’s bank to produce the KYC and other relevant documents so as to be able to trace out the address or any additional information in regard to the judgment debtor’s whereabouts.

It was the case of the decree holder that it has been unable to trace out the residential address of the judgment debtor, and that it has been trying for the last seven years to execute the decree, which was passed by the trial court in 2015.

It argued that the dismissal of the application by the trial court is contrary to the general law that the decree ought to be executed and reached its logical conclusion.

The court, however, said there was no perversity, illegality or judicial impropriety displayed by the trial court in passing the order.

“The process of the Court cannot be utilized for the purposes of gathering information as to the whereabouts or the other information in respect of the respondent/judgment debtor. It is the primary obligation of the petitioner/decree holder itself to obtain such information from wherever it is possible,” it added.

The court dismissed the petition, adding that the observations made by it shall not bind the decree holder from taking any other appropriate steps to execute the decree

Case Title: SPP Food Products Pvt Ltd vs India Overseas Co

Citation: 2023 LiveLaw (Del) 525

Counsel for the Petitioner: Mr. Bharat Arora, Advocate

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