M/S Corporate Strategies v. Smt Parvathi B
Case brief
What is this about?
The High Court allowed this writ petition in part, quashing the order permitting arrest of the judgment debtor without a mandatory enquiry. The court upheld the order requiring asset disclosure but directed the lower court to conduct an enquiry under Order XXI Rule 37 before imposing civil imprisonment.
What did the court decide?
Impugned order permitting arrest under I.A.No.3 set aside; Executing Court directed to conduct enquiry under Order XXI Rule 37 of CPC before deciding on arrest.
What the court decided
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NC: 2024:KHC:51878 WP No. 7664 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 7664 OF 2024 (GM-CPC)
BETWEEN:
M/S. CORPORATE STRATEGIES, A PARTNERSHIP FIRM, REGISTERED UNDER ACT - 1958, HAVING ITS REGISTERED OFFICE AT NO.2139, 15TH CROSS, 22ND MAIN, 1ST SECTOR, HSR LAYOUT, BENGALURU-560 102.
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
REPRESENTED BY ITS MANAGING PARTNER SRI. PRASHANTH J., AGED ABOUT 43 YEARS, HAVING ITS REGISTERED OFFICE AT NO.2139, 15TH CROSS, 22ND MAIN, 1ST SECTOR, HSR LAYOUT, BENGALURU-560 102
(BY SRI. BHADRINATH R., ADVOCATE)
Issues for consideration
2 issues framed by the court
Whether the Executing Court committed an error in ordering arrest and detention of the judgment debtor without conducting the required enquiry under Order XXI Rule 37 of CPC.
Whether the judgment debtor could obstruct execution proceedings by filing a stay application under Section 37 of the Arbitration and Conciliation Act, 1996 pending disposal.
Parties & counsel
- petitioner
M/S. CORPORATE STRATEGIES, A PARTNERSHIP FIRM
- respondent
SMT. PARVATHI B.
Coram
R. NATARAJ
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · December
- Registered
- Case no.
- WP/7664/2024
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