Can simultaneous EP continue if award amount not yet received?
One Execution Petition (EP) was filed against the Judgment Debtor (JD) for attachment of salary. That EP was disposed of, and the salary amount was deposited in court. A cheque application was filed for receiving the award amount. Meanwhile, another simultaneous EP was filed for attachment of the JD's property. During the pendency of the cheque application, there was a delay in obtaining an order for release of the deposited amount from the court. Can we continue the simultaneous EP, or is it necessary to not press the EP based on the same award?
Under Order XXI of the CPC, a money decree can be executed through various simultaneous methods like salary and property attachment, as there's no general bar against multiple approaches until full decree satisfaction. Salary attachment (Rule 48/48A) means funds are deposited in court, but satisfaction only occurs when the decree-holder actually receives the amount, not merely upon deposit. Therefore, partial recovery via salary attachment doesn't preclude parallel execution, such as attaching property (Rule 54), as confirmed by recent High Court decisions. Courts permit concurrent execution to ensure full realization of the decree, while also preventing double recovery.
You can continue the second EP for property attachment because the award amount from the first EP (salary) has not yet been received, only deposited in court. Until you actually get the money and the full award is satisfied, you are allowed to proceed with both. Once the full amount is received, the second EP should be withdrawn. For further legal assistance contact us on our helpline number.
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