Distress warrant format in India refers to a legal document issued by a court to enforce payment of outstanding dues or debts by seizing and selling the property of the debtor. It is governed by the Civil Procedure Code, 1908, and used as a measure to recover money owed. Here is a detailed description of the distress warrant format in India, including key types used: 1. Definition and Purpose: A distress warrant is a legal instrument utilized when a person fails to pay a debt or fulfill certain obligations, and the creditor seeks judicial intervention for realization of the due amount. It empowers authorized officials to seize and sell the debtor's property to recover the outstanding debt. 2. Contents of a Distress Warrant: a. Title: The title should clearly mention "Distress Warrant" to signify its purpose. b. Court Details: Identification of the court issuing or approving the warrant, including its name, address, and jurisdiction. c. Parties Involved: Names and addresses of the creditor (plaintiff) and debtor (defendant). d. Case Details: Mention the case number, court proceeding details, and relevant dates. e. Outstanding Amount: Clearly state the total amount owed by the debtor, including any interest or penalties accrued. f. Property Description: Provide a comprehensive description of the property to be seized, including its address, boundaries, and other identifying details. g. Officer's Authorization: Specify the name, designation, and address of the authorized officer tasked with executing the warrant. h. Date and Signature: The warrant should bear the date of issuance and the signature of the issuing judge or authorized officer. 3. Types of Distress Warrants in India: a. Immovable Property Distress Warrant: This type of warrant authorizes the seizure and sale of immovable properties, such as land, buildings, or houses, to recover the outstanding debt. b. Movable Property Distress Warrant: This warrant grants the authority to seize and auction movable assets like vehicles, machinery, furniture, or other valuables that can be easily sold to satisfy the debt. c. Attachment of Bank Accounts: In some cases, a distress warrant can also be used to freeze or attach the debtor's bank accounts to recover the due amount directly. It is important to note that the distress warrant format and procedures may vary slightly depending on the specific state or jurisdiction within India. However, the basic principles and objective of distress warrants remain consistent throughout the country.
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