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Friday, February 25, 2011

Issuance of Check in favour of the Decree Holder

The petitioner/plaintiff/creditor has filed a Suit for Recovery before the Hon’ble 1st Senior Civil Judge City Civil Court Hyderabad. The Court has issued a summons to the Debtor to appear before the court. But the defendant failed to appear on the said date of hearing. The Hon’ble Court after conducting a detailed enquiry into the matter and passed a decree in favour of the plaintiff/creditor. Thereafter the decree holder has filed a E.P.for realization of decreetal amount for an amount of Rs. 1,67. 248/-. The respondent/defendant/debtor in E.P. proceedings was also did not present before the court. The Hon’ble Court attached his salary by issuing salary attachment warrants. The Salary disbursing officer has sending the attachment amount after deductions made from the salary and an amount of Rs. 28,000/- layed in the suit account. Thereafter the decree holder has filed a check/cheque petition to issue check in favour of the petitioner/decree holder. The court after taking sworn statement of the petitioner, the petitioner is allowed and issued a check in favour of the petitioner.

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