- (1.) E.C. 52 of 2013 has been filed for execution of a consent decree dated 24.9.2012 and although an appeal was filed the same was dismissed. At hearing on 12th June, 2013 it was submitted by the judgment debtor that due to financial difficulties the judgment debtor was unable to make payment. To ascertain the correctness of such statement the directors of the judgment debtor were directed to be present in Court on 14th June, 2013 at 2 p.m. On the said day, the directors were present and were examined by Court wherefrom it was revealed that the judgment debtor had certain assets within the jurisdiction of this Hon'ble Court although the directors reside outside.
(2.) On that day the judgment debtor through its Directors agreed to pay a sum of Rs. 50,000/- in part payment of the decretal dues, which sum has also been paid. It is thereafter that an application has been filed by the judgment debtor under Section 39(4) of the CPC.
(3.) It has been contended on behalf of the judgment debtor that any direction given to the judgment debtor will be in aid of execution.;