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2017 (8) TMI 1630 - HC - Indian LawsSeeking direction to petitioner being directors to disclose their personal movable and immovable assets - direction for issuance of bailable warrants was ordered to be kept in abeyance - HELD THAT:- Once the decree against the respondent No.2 cannot be executed against the petitioners as its directors, the next question is whether under Order XXI Rule 41 of the CPC, a direction to the directors to disclose their personal movable and immovable assets can be issued. The direction impugned is evidently under sub-Rule (2) of Order XXI Rule 41. However what the said rule permits is a direction for disclosure of the particulars of the assets of the judgment-debtor and not assets of any other person. Though Order XXI Rule 41(1) also permits the Court to examine “any other person” but the words “any other person” are absent from sub-Rule (2) of Rule 41 which permits a direction only against the judgment-debtor where the judgment-debtor is a corporation, against any officer thereof and disclosure as aforesaid, of assets of the judgment debtor only and not of personal assets of such officer - Once the directors of a company are not judgment-debtor in a decree against a company, there can be no direction to them to disclose their assets. The direction contained in the impugned order dated 23rd February, 2017 directing the petitioners to on affidavit disclose their personal movable and immovable assets as distinct from the assets of the respondent no.2/judgment-debtor thus cannot be sustained and is set aside. Axiomatically, the impugned order dated 17th March, 2017 of issuance of bailable warrants against the petitioners for non-compliance with the directions dated 23rd February, 2017 also has to go - Petition allowed.
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