Daily Status
Special Courts for Trial and Disposal of Commercial Disputes, Andhra Pradesh
Case No : CEP - 8/2025
Diary No : 3653706001092025
M/S. Digit Secure India Pvt Ltd VS The Commissioner & Director of Municipal Administration
Listing Date : 13/10/2025
Date 13/10/2025   Court No. 1
Proceedings Summery The counsel for the DHR present during the call work and filed an application under Order XXI Rule 41(1) of CPC praying this court to direct the Judgment Debtor to appear for oral examination regarding their assets and means to satisfy the decree. However, the main EP filed under Order XXI Rule 52 of CPC seeking attachment of the properties in the custody of the Judgment Debtor was posted for orders on hearing both sides. No petition seeking to reopen the CEP is filed. The provisions of Order XXI Rule 41 is about examining the judgment debtor to discover assets, while Order XXI Rule 52 is about attaching property that is already in the custody of another court or a public officer and since both are independent with each other, the Petition under Order XXI Rule 41 of CPC can be taken up independently. Accordingly, the Order in CEP No.8 of 2025 is pronounced vide separately. In the result, the Execution Petition is dismissed. However, without prejudice to the rights of the Decree Holder to file another Execution Petition against the property of the Judgment Debtor as per law. No costs. Stage Of Case For Order