Decree-Holder Faces Same Problem In Execution As In 19th Century; Difficulties Of Litigant Begin After Obtaining Decree
Case: M/s. Griesheim GmbH (Now Called Air Liquide Deutschland GmbH) v. Goyal MG Gases Pvt. Ltd.
Corum: Justices Ajay Rastogi and Abhay S. Oka
Case No.: Civil Appeal No. 521 of 2022
Court Observation: “It is an old saying that the difficulties of the litigant in India begin when he has obtained a decree. The evil was noticed as far back in 1872 by the Privy Council in relation to the difficulties faced by the decree-holder in execution of the decree. After more than a century, there has been no improvement and still the decree holder faces the same problem what was being faced in the past,”
“A litigant coming to Court seeking relief is not interested in receiving a paper decree when he succeeds in establishing his case. What he primarily wants from the Court of Justice is the relief and if it is a money decree, he wants that money what he is entitled for in terms of the decree, must be satisfied by the judgment debtor at the earliest possible without fail keeping in view the reasonable restrictions/rights which are available to the judgment debtor under the provisions of the statute or the code, as the case may be”.
“…the case on hand is fit to be included in the syllabus of a law school as a study material for students to get equipped with the various provisions of the Code relating to execution”
“…the case on hand is fit to be included in the syllabus of a law school as a study material for students to get equipped with the various provisions of the Code relating to execution”
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